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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SUJATHA
C Srinivasulu – Appellant
Versus
G Anjaneyulu – Respondent
JUDGMENT :
V. SUJATHA, J.
The present civil miscellaneous appeal, under Section 173 of Motor Vehicles Act, 1988, arises out of the order and decree dated 09.01.2018 passed in M.V.O.P.No.483 of 2013 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Judge's Court, Kurnool. By the said order, the Tribunal has partly allowed the said claim petition, awarding a compensation of Rs.4,16,650/- to the petitioner/claimant, as against the claim of Rs.6,00,000/-, for the injuries sustained by him in a motor accident that occurred on 19.04.2013. Being not satisfied with the quantum of compensation awarded, the petitioner/claimant has preferred this appeal, seeking enhancement of the compensation.
2. For the purpose of convenience, the parties will be referred to as they are arrayed before the Tribunal.
3. The case of the petitioner, in brief, is as follows:
a) The petitioner was 38 years old and working as a labourer, attending to loading and unloading work on the tractor of respondent No.1, and earning Rs.6,000/- per month as on the date of incident. On the fateful day i.e., on 19.04.2013, he was travelling in the tractor-tailor bearing registration No.AP 21 Y 7188/7189 b
Court reaffirmed that amputation leading to 100% functional disability justifies substantial compensation enhancement beyond initial assessment.
The court upheld the compensation awarded for disability, affirming that functional disability significantly affects earning capacity, meriting consideration beyond mere age and income evidence.
The assessment of compensation under the Motor Vehicles Act, 1988, for loss of future earnings due to permanent disability is not solely based on the disability percentage in the certificate and may ....
Compensation for injuries must be based on evidence of actual income loss and the impact of disabilities on earning capacity.
Point of law: occupation and determination of assessment of loss of income due to the permanent disability suffered by the injured in the road transport accident, when the claimant has suffered perma....
The main legal point established in the judgment is the application of principles for assessing loss of future earning capacity and determining compensation under the Motor Vehicles Act, 1988, based ....
Compensation in personal injury cases must reflect the severity of injury and loss, considering both pecuniary and non-pecuniary damages.
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