Back
REKHA PALLI
Ramchandra Sharma @ Chandar Sharma @ Ram Chander – Appellant
Versus
Dheeraj – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present appeal preferred by the claimant under Section 173 of the Motor Vehicles Act seeks to assail the award dated 15.03.2018 passed by the learned Motor Accidents Claims Tribunal in MACT No.56282/2016. Vide the impugned award, the learned Tribunal, after coming to the conclusion that the injuries suffered by the appellant were on account of the accident with the insured vehicle, directed the insurer to pay a sum of Rs.5,80,363/- as compensation to him.
2. The present appeal has been filed seeking enhancement of the compensation. In support of his plea that the compensation awarded by the learned Tribunal needs to be enhanced, the appellant has raised three primary grounds. The first being that the appellant, who was working as a mason is unable to perform any job on account of the 46% permanent disability from which he is suffering as a result of the accident, the learned Tribunal ought to have taken his loss of earning capacity as 100% instead of 23%. Learned counsel for the appellant next submits that the learned Tribunal erred in not accepting the appellant's plea that he was drawing a monthly salary of Rs. 15,000/- thereby treating hi
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 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 assessment of functional disability and the calculation of compensation under the Motor Vehicles Act.
Compensation for injuries must be based on evidence of actual income loss and the impact of disabilities on earning capacity.
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.
Point of law: occupation and determination of assessment of loss of income due to the permanent disability suffered by the injured in the road transport accident, when the claimant has suffered perma....
The main legal point established in the judgment is the criteria for calculating the loss of future earning in cases where the victim has no fixed income or is not in a permanent job, as laid down by....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
