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REKHA PALLI
Meenu – Appellant
Versus
Ram Sakha Yadav & Ors (Iffco Tokio General Insurance Co. Ltd. ) – Respondent
JUDGMENT
Rekha Palli, J. (Oral)--The present appeal preferred by the claimant under Section 173 of the Motor Vehicles Act, 1988, seeks to assail the award dated 11.02.2019 passed by the learned Motor Accident Claim Tribunal in Claim Petition No.76696/2016, insofar as it relates to the quantum of compensation. Vide the impugned award the learned Tribunal has awarded a compensation of Rs.26,09,302/- alongwith interest @9% p.a., including an amount of Rs.75,000/- towards "Pain and suffering, Rs.50,000/- towards `Loss of amenities of life' and Rs.1,00,000/- towards `Loss of marriage prospects".
2. The appellant, namely Meenu, is a young lady aged about 28 years, who, at about 9 am on 08.02.2016, while crossing the road near Baba Haridas X-ray Clinic, Nangloi Chowk was hit with a Tata Tempo bearing Registration Number HR 63B 6783, being driven in a rash and negligent manner by respondent No. 1. As a consequence, the appellant fell down and sustained grievous injuries resulting in 85% permanent physical disability in her left lower limb.
3. Upon a claim petition being filed, the learned Tribunal has, after holding that the accident took place due to the rash and negligent driving of res
The court emphasized the need to consider the impact of permanent disability on the claimant's life and enhanced the compensation under non-pecuniary heads accordingly.
The main legal point established in the judgment is the assessment of functional disability and the calculation of compensation under the Motor Vehicles Act.
The main legal point established in the judgment is the need to award just and fair compensation in motor accident claims, considering various factors such as pain, suffering, loss of income, loss of....
A minor child suffering permanent disability in a motor accident must not be treated as a non-earning individual; compensation for loss of income should be calculated using minimum wages for skilled ....
The main legal point established in the judgment is the application of the multiplier method and reliance on legal provisions and judgments to determine appropriate compensation in motor vehicle acci....
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....
Court held that the compensation awarded for injuries must be reasonable and reflective of the actual loss and suffering incurred.
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