Back
NAVIN CHAWLA
National Insruance Co. Ltd. – Appellant
Versus
Chitra – Respondent
JUDGMENT
Navin Chawla, J. (Oral)--This appeal has been filed challenging the Award dated 28.09.2016 (hereinafter referred to as the `Impugned Award.) passed by the learned Motor Accidents Claims Tribunal, North East, Karkardoom, Delhi (hereinafter referred to as the `Tribunal') in MACT Case No.402/2010, titled Chitra v. Mufid Khan & Ors..
2. The respondent no.1 herein had filed the above Claim Petition stating that on 31.10.2010, at about 9:25 p.m., she along with her husband, namely Dharmender, and daughter, namely Dristi, were returning back from the house of their relative in a two wheeler scooter bearing no. DL 6ST 7734. The scooter was hit from behind by a truck bearing no. HR 55H 5499. As a result of the accident, the respondent no.1 suffered grievous injuries and same was assessed as 60% disability with respect to the right lower limb. She, in fact, suffered amputation of right leg below knee.
3. On the above fact, the learned Tribunal vide the Impugned Award found that the respondent no.1 herein had sustained injuries in the accident due to the rash and negligent driving of the driver of the Offending Vehicle, that is, the truck. On the quantum of the compensation payable
Compensation for a homemaker must account for their invaluable economic contribution, functional disability, and future prospects. Appellate courts must ensure compensation is just and reasonable by ....
The main legal point established in the judgment is that the claimant's income should be considered as per the Minimum Wages Act, and the compensation awarded should account for the impact of the inj....
The main legal point established in the judgment is the application of the Workman's Compensation Act, particularly Schedule-I part-2, to determine just compensation for permanent disability, loss of....
The main legal point established is that the assessment of compensation in motor accident cases should consider the impact of permanent disability on the claimant's earning capacity, and the percenta....
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.
The central legal point established in the judgment is the need to award just and reasonable compensation, particularly in cases involving homemakers who sustain injuries, by considering the invaluab....
The main legal point established in the judgment is the need to assess loss of earning capacity and future medical expenses in cases of permanent disability to ensure just compensation.
The main legal point established in the judgment is the requirement for just and realistic compensation under the Motor Vehicles Act, considering the impact of permanent disability on the claimant's ....
The percentage of permanent disability does not automatically determine the loss of earning capacity; a comprehensive assessment considering the claimant's occupation, age, and the nature of the disa....
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
