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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL
Bharti Axa General Insurance Co. Ltd. – Appellant
Versus
Rajender @ Bunty – Respondent
JUDGMENT :
ANISH DAYAL, J.
1. These appeals have been filed by insurance company and the claimant respectively. The Insurance company has filed the appeal under section 173 of the Motor Vehicle Act, 1988 (‘MV Act’), seeking to set aside the impugned judgment and award dated 20th February 2018 passed by the Motor Accidents Claims Tribunal (“MACT”), Saket in MACT No. 3486/2016. Whereas the claimant has filed cross-objections to the same under Order XLI Rule 22 of the Code of Civil Procedure, 1908, seeking enhancement of the award.
2. The appeal filed by the insurance company is essentially on the ground that the Tribunal awarded exorbitant compensation under the heads of non-pecuniary damages, i.e. loss of expectation of life (Rs.3 Lacs), pain and suffering (Rs.3 Lacs), loss of amenities of life (Rs.3 Lacs), disfiguration (Rs.50,000/-) and special diet and conveyance charges (Rs.90,000/-).
3. On the other hand, the claimant has filed cross-objections seeking enhancement of the compensation awarded by the Tribunal.
The Incident
4. On 9th September 2015 at about 2.30 p.m., Mr. Rajender alias Bunty was returning to his house from the side of Pallapul, Faridabad, on the road parallel to Agra C
Permanent disability assessments should reflect a claimant's actual earning capacity and modifications in damage awards must be proportionate to the severity of injuries.
The main legal point established in the judgment is the application of principles from relevant Supreme Court cases to assess disability, future prospects, and non-pecuniary damages in determining co....
The assessment of future earning capacity must consider the nature of disability relative to the claimant's profession, not merely the percentage of physical disability.
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
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 main legal point established in the judgment is the assessment of functional disability and future income loss to determine the compensation amount in motor accident claims.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
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 ....
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