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ALOK ARADHE, M.G.S.KAMAL
RELIANCE GENERAL INSURANCE CO. LTD – Appellant
Versus
KRISHNA REDDY – Respondent
JUDGMENT :
M.G.S. Kamal, J.
1. MFA No. 7192/2018 has been filed by the Insurance Company, whereas MFA No. 7512/2018 has been filed by the claimant aggrieved by the judgment dtd. 4/7/2018 passed by the Motor Accident Claims Tribunal. Since both these appeals preferred under Sec. 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) arise out of the same accident as well as the same Judgment passed by the Tribunal, they are heard together and being decided by this common Judgment.
2. Facts giving rise to the filing of the appeals briefly stated are that on 20/11/2016 at about 3.30 p.m., the claimant was riding a motor-cycle bearing registration NO. KA-51-EP-2604 on Murandahalli cross, Kolar-Srinivaspur Main Road. At that time, Eicher Lorry bearing No. KA-07-A-6906 being driven by its driver at a high speed and in a rash and negligent manner, dashed against the motor-cycle ridden by claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Sec. 166 of the Act
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The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, 1988, based on factors such as disability, future medical expenses, and loss of income....
The main legal point established in the judgment is the determination of compensation for road traffic accidents under Sec. 166 of the Motor Vehicles Act, 1988, considering loss of future income, los....
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The court determined that the insurance company is liable for compensation due to reckless driving by the offending vehicle, and recalibrated the amount based on findings of total disability and nece....
Assessment of compensation under the Motor Vehicles Act is based on notional income, disability percentage, and various heads of compensation for injuries sustained in a road traffic accident.
The court may consider the nature of injuries and their impact on the claimant's ability to work when determining compensation for road traffic accidents.
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