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REKHA PALLI
Manoj Kumar – Appellant
Versus
Pankaj Nagar – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present appeal under Section 173 of the Motor Vehicles Act seeks to assail the award dated 20.01.2022 passed by the learned Motor Accidents Claims Tribunal in claim petition bearing MACP No. 564/2016 insofar as the quantum of compensation is concerned.
2. Vide the impugned award, the learned Tribunal has awarded compensation of Rs.6,94,022/- alongwith interest @6% per annum in favour of the petitioner. The said amount includes a lumpsum amount of Rs.2 lakhs awarded towards loss of future prospects.
3. The appellant seeks enhancement on two grounds, the first being that once the medical certificate clearly showed that the appellant was suffering from 34% permanent physical disability, the learned Tribunal could not have assessed his functional disability to be only 20%. The second ground on which enhancement is sought is that the amount of Rs.2 lakhs awarded towards loss of future earnings was highly inadequate.
4. Learned counsel for the appellant submits that the finding of the Tribunal that the petitioner's functional disability was only 20% is perverse and the petitioner is entitled to receive compensation by treating his disability at
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 entitlement of an appellant to seek enhancement of compensation under the Motor Vehicles Act based on loss of future prospects and other releva....
The court established that proper evidence is crucial in determining compensation for personal injuries, and that established legal principles must be applied to ensure just compensation, including c....
Acceptance of disability certificate and consideration of 100% loss of earning capacity.
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