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B. V. L. N. CHAKRAVARTHI
N. Sangameswara Rao S/o late Guru Lingam – Appellant
Versus
P. Lakshmi And Another W/o Appalaraju – Respondent
JUDGMENT :
Heard Sri G.V.Mehar Kumar, learned counsel for the appellant/claimant and Sri Shaik Rafi, learned counsel representing Sri T.V.P.Sai Vihari, learned counsel for the respondent No.2/New India Assurance Company.
2. This appeal directed by the appellant/claimant, challenging the Order and Decree dated 09.02.2012 passed in M.V.O.P.No.464 of 2010 before Motor Accidents Claims Tribunal – cum – I Additional District Judge, Vizianagaram.
3. Parties are referred to as they were arrayed in the proceedings before the learned Tribunal, for the sake of convenience.
4. The petitioner/claimant filed the petition under Section 166 of the Motor Vehicles Act, 1939 claiming compensation of Rs.2,00,000/- for personal injuries sustained by him in a motor vehicle accident occurred on 07.03.2010.
5. The case of the appellant/claimant is that he was aged 57 years and working as Archaka in a Sivalayam at Chollapadam Village, Vizianagaram District; on 07.03.2010 he was going on his bicycle to attend duty at Sivalayam; he reached a place located opposite to Sivalayam at about 07.00 a.m.; a lorry (offending vehicle) bearing No.AP31 TA2617 came in opposite direction in a rash and negligent manner; dashed
The court established that compensation for permanent disability must reflect actual loss, justifying an increase from Rs.1,70,000/- to Rs.7,04,000/-.
The main legal point established in the judgment is the assessment of just compensation for personal injuries sustained in a motor accident, considering medical expenses, loss of earnings, loss of am....
The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principle....
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
The court established that compensation for injuries must be just and reasonable, reflecting the severity of injuries and loss of earning capacity, with a broad-based approach in assessment.
The assessment of compensation in a case of personal injuries should be based on the following heads:
(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing foo....
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
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