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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIVKUMAR DIGE
United India Insurance Company Ltd. – Appellant
Versus
Atul Dattaray Wadhane – Respondent
JUDGMENT :
SHIVKUMAR DIGE, J.
1. The appellant-Insurance Company has preferred appeal against the judgment and order passed by the Motor Accident Claims Tribunal, Mumbai, (for short “the Tribunal”). The claimant has also preferred appeal for enhancement. As both appeals are against the same judgment and order, I am deciding them by this common judgment.
2. It is contention of learned counsel for the Insurance Company that the accident occurred due to sole negligence of the claimant as he gave dash to the offending bus, when the offending bus was taking right turn. The driver of the offending bus examined himself to prove the negligence of the claimant and he has stated that the accident occurred due to negligence of the claimant. The sketch map at Exhibit-64 produced on record shows how the accident occurred, but this fact is not considered by the Tribunal. Learned counsel further submitted that the Tribunal has awarded compensation towards medical expenses and attendant charges on higher side , hence, requested to allow the appeal.
3. It is contention of learned counsel for claimant that before the Tribunal the Insurance Company claimed that the offending bus was stationed on road, it
The court upheld the Tribunal's finding of negligence against the bus driver and granted enhanced compensation based on the claimant's 100% disability, totaling Rs.40,35,360.
The court held that negligence was proven against the bus driver and reassessed the claimant's functional disability to 85%, leading to modified compensation of Rs.49,83,440.
The court affirmed that compensation under the Motor Vehicles Act must be just and fair, considering the severity of injuries and the claimant's permanent disability.
In accident cases, liability should reflect the respective negligence of parties, with proper income assessment inclusive of future prospects and non-pecuniary damages being essential for fair compen....
The court determined that the insurance company is liable for compensation due to reckless driving by the offending vehicle, and recalibrated the amount based on findings of total disability and nece....
Compensation for motor accident injuries must consider future earning capacity and apply the multiplier method for accurate assessment.
Compensation for motor accident injuries must consider future earning capacity and apply the multiplier method for accurate assessment.
The court clarified that in motor vehicle accident cases, the assessment of negligence and compensation must consider both the actions of the claimant and the defendant, and future prospects must be ....
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