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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
H.P.Sandesh, T.M.Nadaf
Vickki @ Vikky @ Vicky – Appellant
Versus
Manoj S/O. Thanu Jadhav Ando Rs. – Respondent
JUDGMENT :
H.P. SANDESH, J.
Heard the appellant’s counsel and also the counsel appearing for the respondents.
2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 15.11.2021 passed in MVC No.844/2019 by the Court of the Senior Civil Judge and MACT-XI, Aland (for short, ‘Tribunal), questioning the quantum of compensation awarded by the Tribunal.
3. The factual matrix of case of injured/petitioner is that on 01.05.2019 he was proceeding towards Nalwar Tanada from Yagapur, Chandunayak Tanda, Yadgir as a pillion rider on motorcycle No.MH-01-DJ-2570 and when they came near Halo Block Factor at Yargol to Nalwar road, Yargol the rider of the said motorcycle rode in a rash and negligent manner with high speed, last control over the vehicle and turn turtle and fell down from the motorcycle. As a result, the injured/petitioner sustained diffuse axonal injury with multiple intracranial injuries and bilateral surgical emphysema and focal diaphragmatic injury. He also sustained injuries to his chest and back and other parts of his body. Immediately, injured was shifted to the Government Hospital, Yadgir wherein he took first aid and on the very same day he was
The assessment of compensation must reflect the severity of injuries and the total loss of earning capacity, ensuring just and adequate reparation for lifelong disabilities.
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
The assessment of disability must adequately reflect the impact on earning capacity, necessitating appropriate multipliers and comprehensive evaluations of pain and suffering in compensation claims.
it should be at least Rs. 6,00,000/- if the disability is more than 90%. As far as the present case is concerned, in addition to the 100% physical disability the young girl is suffering from severe i....
The court upheld the Medical Board's assessment of 100% disability, emphasizing the need for adequate compensation for pain and suffering, ultimately awarding Rs.48,70,000/- to the claimant.
The main legal point established in the judgment is the correct assessment of disability and future prospects, and the award of compensation for various heads of damages and expenses under the Motor ....
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