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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATEEK JALAN
Oriental Insurance Co Ltd – Appellant
Versus
Manoj Jain – Respondent
| Table of Content |
|---|
| 1. accident details and compensation awarded (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. competing arguments on compensation (Para 9 , 10 , 11 , 12 , 13) |
| 3. analysis of income and disability (Para 14 , 18 , 21 , 22 , 24 , 25 , 27 , 28) |
| 4. future prospects and prosthetic limb costs (Para 33 , 35 , 38 , 39 , 41) |
| 5. final determination of enhanced award (Para 44 , 45 , 46 , 48 , 49 , 50 , 51) |
JUDGMENT :
PRATEEK JALAN, J.
1. These two appeals - one by Oriental Insurance Company Limited [“the Insurance Company”], and the other by Mr. Manoj Jain, who was the claimant before the Motor Accident Claims Tribunal [“the Tribunal”] - are directed against an award dated 21.05.2024 passed by the Tribunal in Suit No. 653/10/09. The proceedings before the Tribunal arose out of a road traffic accident on 20.12.2008, in which, the claimant was injured. By the said award, the Tribunal awarded a compensation of Rs. 69,03,713/-, alongwith interest at the rate of 9% per annum, in favour of the claimant.
A. FACTS
2. The facts relating to the accident, as they appear from the impugned award, are that the claimant, alongwith a pillion-rider, was riding a motorcycle [bearing registration No. DL-7SZ-0755].
Fair compensation in personal injury cases must be comprehensive, accounting for future medical needs, disability impact on earnings, and changes in the claimant's occupational capabilities.
(1) In cases of permanent disablement caused by a motor accident, claimant is entitled to not just future loss of income, but also future prospects.(2) Permanent disability suffered in motor accident....
The court established that the assessment of compensation must reflect the claimant's actual earning capacity and the impact of permanent disability on future earnings, applying the correct multiplie....
The principle of 'just compensation' in motor vehicle accident cases requires that the assessment of damages considers both pecuniary and non-pecuniary losses, reflecting the actual impact of injurie....
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