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S. SUNIL DUTT YADAV, UMESH M ADIGA
Somappa Balappa Nandi – Appellant
Versus
Mallappa S/o Hanamantappa Pujeri – Respondent
JUDGMENT :
This is an appeal of the claimant against the award and judgment passed by the MACT, Gokak in MVC No.2500/2016 dated 12.12.2017 seeking enhancement of compensation.
2. We refer the parties as per their ranks before the trial Court.
3. The case of the petitioner before the Trial Court was that, on 01.06.2016, at about p.m. he was returning from Gokak to his village Chikkanandi on Gokak-Yaragatti road on his motorcycle bearing No.KA47/E1361, he met with accident at Savalyal Pol due to rash and negligent riding of the motorcycle bearing No.KA49/S6995 by its rider, due to which petitioner had sustained fracture of left tibia and fibula. He was admitted to hospital of Dr.M.G.Umbrani at Gokak. He underwent surgery and his left leg below the knee joint was amputated. Petitioner had further contended that at the time of accident, he was aged 45 years; he was an agriculturist and also doing agricultural coolie work, he was earning Rs.2,00,000/-per annum from agriculture and Rs.12,000/- per month by working as an agricultural coolie. He has further stated that he has spent Rs.1,5
The comprehensive insurance policy covers pillion riders, and compensation must reflect the impact of permanent disability on earning capacity.
The main legal point established in the judgment is the assessment of compensation for permanent disability, loss of future prospects, and the need for just compensation for pain, suffering, and trau....
The main legal point established is that the assessment of compensation in motor accident cases should consider the impact of permanent disability on the claimant's earning capacity, and the percenta....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
Compensation for personal injury must reflect the severity of injuries and long-term impacts on the victim's life, including loss of income and future medical needs.
Permanently disability suffered in motor accident – Money cannot substitute a life lost but effort has to be made for grant of just compensation so far as money can compensate.
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