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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRAVIN S.PATIL
Pratap, S/o. Dandapani Padhi – Appellant
Versus
Indrakumar Holaram Kewalramani – Respondent
JUDGMENT :
PRAVIN S.PATIL, J.
1. Heard Mr. S. G. Shukla, learned Counsel for the Appellant and Mr. S. D. Sirpurkar, learned Counsel for the Respondent No.2. None appeared for the Respondent Nos.1 and 3, though served.
2. In the present Appeal, Original Claimant, who has filed injury claim before the Motor Accident Claims Tribunal, Bhandara, has assailed the Judgment and Award dated 1/10/2013 passed by the Tribunal in MACP No. 161/2010, on the ground that the learned Tribunal failed to assess the compensation in right perspective, and therefore, seeks enhancement of compensation in the matter.
3. In the present Appeal, neither the Cross Objection nor independent Appeal has been filed by the Respondent/Insurance Company to challenge the impugned Judgment and Award of the Tribunal. In view of this fact, it is clear that in the accident the Appellant caused grievous injuries and vehicle was duly insured with the Respondent/Insurance Company. So also there is no dispute about the terms and conditions of the policy. The only issue involved in the present Appeal is regarding enhancement of compensation. Hence, there is no need to go into the various aspects which were properly dealt with by
Compensation for motor vehicle injuries must reflect the actual loss, including current and future earning capacities, pain, and suffering, requiring careful assessment under the Motor Vehicle Act.
Court emphasized the necessity for awarding just compensation reflecting future loss of income due to disability, even if the victim retains employment.
The court established that permanent disability due to amputation warrants a 100% loss of earning capacity, justifying enhanced compensation.
The court affirmed that in cases of permanent disability resulting from motor accidents, claimants are entitled to compensation that includes future loss of income and prospects, ensuring that the aw....
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
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