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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA,
Rinku @ Gajendra, S/o Sh. Vikram Singh Dagar – Appellant
Versus
Shyambir Pathak S/o Sh. Daya Chand – Respondent
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. An Appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed against the Impugned Award dated 12.06.2020 by the Appellant/Injured seeking enhancement of compensation in the sum of Rs. 3,41,664/- along with interest @ 9% per annum, awarded on account of injuries suffered by him in the road accident on 11.02.2018.
2. The enhancement of the compensation is sought on the following grounds :
(i) 50% deduction has been made towards contributory negligence of the Claimant by observing that it was a head on collision, without considering that he was merely a pillion rider;
(ii) The Income of the injured has been incorrectly calculated on the basis of Minimum Wages for unskilled worker in Haryana without considering that the Appellant was working as a Salesman earning a salary of Rs. 25000/- p.m.
(iii) The Loss of Earnings during treatment has been granted only for 5 months without considering the nature of the injuries;
(iv) The injured was assessed with 40% permanent disability in respect of right foot the functional disability is erroneously taken as 20% , without considering the limitations in his mobility;
(v) The future pros
Contributory negligence cannot be assumed for a pillion rider without evidence of direct causation; compensation must reflect actual income and future earning capacity.
The finding of contributory negligence must be substantiated by credible evidence; without which it cannot be deemed valid.
Compensation for death in a motorcycle accident is contingent on establishing contributory negligence, which must be supported by cogent evidence, and actual earnings should determine the compensatio....
Court re-evaluated negligence and compensation based on precedents, ruling contributory negligence was improperly attributed.
Compensation for personal injury must be just and reasonable, reflecting the claimant's suffering and loss, with the court emphasizing the inadequacy of the Tribunal's award.
The court re-evaluated compensation for a motor accident, rejecting a finding of contributory negligence against the claimant and emphasizing the need for proper assessment of permanent disability an....
The court established that contributory negligence was incorrectly assessed at 50% and modified it to 25%, leading to an increase in the compensation amount awarded to the claimant.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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