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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M.Joshi
Madesha, S/o Mr. Parvashetty – Appellant
Versus
R. Nallashivam, S/O Late Ramaswamy – Respondent
JUDGMENT :
C.M JOSHI, J.
1. Heard learned counsel appearing for the appellant/petitioner and the learned counsel Sri B. S. Umesh, appearing for respondent No.3-Insurance Company.
2. The petitioner in MVC No.15/2011 is before this Court being aggrieved by the judgment and award of the learned Additional District and Sessions Judge and MACT, Chamarajanagara, sitting at Kollegala dated 21.06.2016.
3. The factual matrix of the case is that on 27.07.2010 at about 06.00 p.m., while the petitioner was driving his TVS Moped bearing No. KA.02.ET.3975 along with a pillion rider near Venkateshwara Garage at about 07.30 p.m., a tempo bearing No.TN.54.Y.7645 driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3 came in a rash and negligent manner and collided with the two wheeler of the petitioner resulting in the petitioner sustaining injuries to his right leg, right hand etc. The petitioner and the pillion rider were admitted to the hospital and it was found that the petitioner had sustained fracture of the right radius coupled with a nerve palsy on the right hand. The petitioner contended that he was a driver by profession and was earning Rs.10,000/- per month and
In assessing compensation for injuries, both physical and functional disabilities must be objectively evaluated to reflect the true impact on earning capacity.
The assessment of compensation under the head of loss of future earnings depends on the impact of permanent disability on earning capacity, as established in the judgment in Raj Kumar Vs. Ajay Kumar ....
Point of law: Tribunal took a probable view to fix the disability as 6% excluding the disability assessed for the infirmity pre-existing. In fact, the said finding need not be interfered and therefor....
Liability of the Insurance Company in the absence of a transport endorsement for the driver and the need to consider the claimant's functional disability in determining the compensation amount.
The court established that in claims for compensation under the Motor Vehicles Act, the burden of proof lies on the claimant to substantiate claims of income and disability, and that notional income ....
The main legal point established in the judgment is the assessment of functional disability and future income loss to determine the compensation amount in motor accident claims.
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