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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.G. PANDIT, GEETHA K.B.
Rajkumar S/o. Nagappa Dhamanekar – Appellant
Versus
Sikandar S/o. Najeersab Naikwadi – Respondent
JUDGMENT :
S G PANDIT, J.
The claimant/appellant is before this Court not being satisfied with the quantum of compensation awarded by the Tribunal under Judgment and Award dated 14.06.2018 in MVC No.2540/2015 on the file of IX Additional District and Sessions Judge and Additional MACT, Belagavi (for short, ‘Tribunal’).
2. The parties would be referred to as per their rankings before the Tribunal.
3. Brief facts of the case are that the appellant/injured filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation for the injuries sustained by him in a road traffic accident that occurred on 08.11.2014 involving Tempo bearing No.KA-23/5931. It is stated that the claimant sustained grievous injuries and that he spent for treatment more than Rs..5,00,000/- as an inpatient. Further, it is also stated that he was aged 34 years and working as a goundi and was earning more than Rs..22,000/- per month. Further, it is stated that the right hand is amputated below shoulder and above elbow. As such, the petitioner claimed compensation for the injuries sustained by him.
4. On receipt of notice, the respondent-Insurance Company appeared and filed its objection statement d
In accident claims, apportioning liability is essential when a driver operates without a valid license, validating modifications to awarded compensation based on accurate assessments of income and di....
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 need to assess loss of earning capacity and future medical expenses in cases of permanent disability to ensure just compensation.
Compensation for personal injuries must be just and reasonable, reflecting the severity of the injuries and future loss of earnings, with adherence to established legal principles.
Point of law: Where the claimant suffers a permanent disability as a result of injuries, assessment of compensation under the head of loss of future earnings, would depend upon the effect and impact ....
Point of law : Compensation - Tribunal should adopt equitable principles and reasonable approach for determination of just compensation.
The court can award compensation exceeding the original claim in motor vehicle accident cases, emphasizing the necessity for assessing disability based on the claimant's specific occupational role an....
The loss of earning capacity of a claimant in a motor vehicle accident should be computed on the basis of loss of functional disability, and not on the basis of permanent disability.
Minimum wage standards must be considered for calculating compensation in personal injury cases, especially when assessing future loss of income due to permanent disabilities.
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