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ANIL L. PANSARE
Ranjit Arunkumar Jaiswal – Appellant
Versus
Ashok Manikrao Khopade – Respondent
JUDGMENT :
ANIL L. PANSARE, J.
1. The appellant-original claimant is aggrieved by the judgment and award dated 4/3/2006 passed by the Member, Motor Accident Claims Tribunal, Amravati in Claim Petition No. 2/1999. Respondent no. 1 is the owner of luxury bus bearing registration no. MH-18/C-7699, respondent no. 2 is the insurer of the luxury bus and respondent no. 3 is the insurer of Truck bearing no. MH-04/H/1938.
2. The appellant suffered multiple injuries in an accident that occurred on 15/11/1997. The bus and truck had head-on collision. The drivers of both the vehicles died on the spot. The owner of the Truck has also expired. Hence, owner and driver of Truck have been not made party. An offence came to be registered under Sections 279 and 304A of the Indian Penal Code, 1860 vide Crime No. 68/1997. The appellant has blamed both the vehicles for rash and negligent driving and held them responsible for the injuries sustained by him in the accident.
3. According to the appellant, he was 29 years old and was earning Rs. 3,000/- per month. He is involved in the business of running Funfair as well as Mini Bazar at various places throughout the State of Maharashtra. He was travelling in th
The appellant must prove nexus between accidental injuries and permanent disability through cogent evidence to claim compensation for permanent disability.
The court established that compensation for permanent disability must reflect its actual impact on the claimant's earning capacity, not merely the percentage of disability.
The principle that in motor accident claims, the burden of proof lies on the claimant to establish the case on the preponderance of probabilities, and the Tribunal is not strictly bound by the rules ....
Permanent disability assessment must consider all medical evidence presented, irrespective of its source.
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