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NAVIN CHAWLA
National Insurance Co. Ltd. – Appellant
Versus
Pawan Kumar – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
1. The present appeal has been filed by the appellant challenging the Award dated 01.04.2016 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal, New Delhi District, Patiala House Courts, New Delhi (hereinafter referred to as the `Tribunal') in MACP No. 50/2016 titled Pawan Kumar v. Jaswant Singh & Ors.
2. On 14.10.2011, at about 01:00 PM, the respondent no.1 along with Shri Bijender Singh, on hearing the noise of some accident, approached the road near Grover Petrol Pump, Village Bhokhra, PS Nahianwala, Bhatinda, and saw that an accident had occurred between a truck and a bus. While the respondent no.1 was standing in front of the bus and was helping the passengers to deboard from the bus, all of a sudden a truck bearing no.PB-03U-7545 (hereinafter referred to as the `offending vehicle') being driven in a rash and negligent manner came and hit the bus from its back side, as a result of which, the accidental bus moved ahead and the respondent no.1 came under the bus. The respondent no.1 was moved to the Civil Hospital Bhatinda from where he was referred to the JPN Apex Trauma Centre, AIIMS.
3. I
The assessment of functional disability and compensation for pain and suffering should be based on medical evidence and the nature of the injury. The liability of the appellant in a motor accident is....
Compensation for permanent disability and loss of earnings must not overlap. Future loss of earnings is determined by the functional impact of disability on the claimant's professional capacity rathe....
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The court emphasized the assessment of functional disability and the deduction of income tax while determining compensation under the Motor Vehicles Act, 1988.
Permanent disability assessments should reflect a claimant's actual earning capacity and modifications in damage awards must be proportionate to the severity of injuries.
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