GAURANG KANTH
National Insurance Co. Ltd. – Appellant
Versus
Satender – Respondent
JUDGMENT
Gaurang Kanth, J.
1. The present Appeal under Section 173 of Motor Vehicle Act, 1988 (hereinafter referred to as `the Act') has been preferred by the Appellant (original Respondent No. 3) against the Award dated 13.05.2013 (hereinafter referred to as `Impugned Award') passed by learned Additional District & Sessions Judge-cum-Presiding Officer, Motor Accident Claims Tribunal, Rohini Courts, Delhi (hereinafter referred to as `Claims Tribunal') in MACT No. 39/2011 titled as `Satender v. Sahdev Singh & Ors.'.
2. By way of the Impugned Award, the learned Claims Tribunal awarded a compensation of Rs. 20,81,422/- (Rupees Twenty Lakh Eighty One Thousand Four Hundred and Twenty Two Only) to Respondent (original Petitioner) along with interest @ 9% per annum from 31.01.2011 till the date of actual payment. Appellant was directed to pay the said compensation amount, being the insurer of the offending vehicle bearing No. UP-17D-2122, within a period of 30 days from the date of Impugned Award along with accrued interest.
FACTS RELEVANT FOR ADJUDICATION OF THE MATTER
3. Facts of the matter as recorded by the learned Claims Tribunal are as under:
"On the unfortunate day of 28.11.2010 at
A person who has suffered permanent disability in a motor vehicle accident is entitled to compensation under the head of loss of future prospects, and the calculation of such compensation should cons....
Court emphasized the necessity for awarding just compensation reflecting future loss of income due to disability, even if the victim retains employment.
The main legal point established in the judgment is the correct assessment of disability and future prospects, and the award of compensation for various heads of damages and expenses under the Motor ....
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....
The main legal point established in the judgment is the application of legal principles from the Motor Vehicles Act, 1988 and relevant Supreme Court judgments to determine just compensation for perso....
In assessing compensation for personal injury under the Motor Vehicles Act, the Tribunal must consider the specific circumstances of the claimant, including age, disability, loss of amenities, and fu....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.