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REKHA PALLI
Shriram General Insurance Co Ltd – Appellant
Versus
Santosh Kumar Singh – Respondent
JUDGMENT :
Rekha Palli, J.
1. The present two appeals under Section 173 of the Motor Vehicles Act (the Act), assail the award dated 25.09.2022 passed by learned Motor Accident Claims Tribunal, Dwarka Courts, New Delhi. While the insurer by way of MAC appeal no. 15/2018 assails the quantum of compensation awarded towards loss of future prospects to the claimant as also the compensation towards the loss of income suffered by the claimant during the period when he was stated to be incapable of discharging any duty, the claimant by way of MAC 377/2018 seeks enhancement of compensation awarded towards loss of future prospects.
2. The brief factual matrix as emerging from the record shows that on 23.06.2015, when the claimant Sh.Santosh Kumar Singh was travelling to Haridwar in a car bearing registration no. DL-1C-3990, the said car met with an accident near police post Gang Nahar, Police Station-Bahadrabad, Uttaranchal. It is the common case of the parties that the vehicle involved in the accident was a ‘Max Pick Up’ bearing registration no. UA-08D-9793. An FIR was promptly registered at the Police Station Bahadrabad, Haridwar against the respondent no.2. The claimant, who suffered grievou
Acceptance of disability certificate and consideration of 100% loss of earning capacity.
The main legal point established is that compensation for loss of future earnings should be determined based on the claimant's functional disability and monthly salary.
The main legal point established in the judgment is the determination of just compensation for motor vehicle accident victims under the Motor Vehicles Act, 1988, considering income estimation, future....
Accident claim – Permanent disability and loss of earning capacity - submission of his counsel that his earning capacity has been totally reduced to 100% is not acceptable. 60% reduction in his earni....
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.
The court established that the assessment of compensation must reflect the claimant's actual earning capacity and the impact of permanent disability on future earnings, applying the correct multiplie....
The assessment of future earning capacity must consider the nature of disability relative to the claimant's profession, not merely the percentage of physical disability.
The percentage of physical disability does not directly correlate to the loss of earning capacity, and a proactive role by the Tribunal is necessary to assess the impact of permanent disability on th....
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.
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