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H. T. NARENDRA PRASAD
Bajaj Finance Ltd. – Appellant
Versus
Recovery Officer – Respondent
JUDGMENT/ORDER
1. This appeal under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') has been filed by the claimant being aggrieved by the judgment dtd. 12/10/2018 passed by the MACT, Hassan in MVC No.2036/2017.
2. Facts giving rise to the filing of the appeal briefly stated are that on 10/9/2017 at about 06.00 p.m., the claimant along with her friends was traveling in the KSRTC Bus bearing Registration No.KA-13-F1884. When it reached near Hattavara Gate, the driver of the said Bus drove the same in a rash and negligent manner with high speed. As a result of the aforesaid accident, the claimant fell down and sustained grievous injuries and was hospitalized.
3. The claimant filed a petition under Sec. 166 of the Act seeking compensation. It was pleaded that she spent huge amount towards medical expenses, conveyance, etc. It was further pleaded that the accident occurred purely on account of the rash and negligent driving of the offending vehicle by its driver.
4. On service of notice, the respondent has appeared through counsel and filed written statement in which the averments made in the petition were denied. It was pleaded that the petition itself is
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....
The court's decision emphasized the importance of accurately assessing the claimant's income, disability, and impact of injuries to determine fair compensation in road traffic accident cases under th....
The main legal point established is the assessment of compensation in road traffic accident cases based on the claimant's injuries, loss of income, and future income, considering the nature of injuri....
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 main legal point established is that the assessment of disability and loss of earning capacity should consider the nature of the claimant's occupation, prevailing wage structures, and medical evi....
In assessing compensation for personal injury under the Motor Vehicles Act, the Tribunal must consider the specific circumstances of the claimant, including age, disability, loss of amenities, and fu....
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.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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