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ANIRUDDHA P. MAYEE
Tata Aig General Insurance Co Ltd – Appellant
Versus
Sarfaraj Salim Shaikh – Respondent
JUDGMENT :
1. This appeal is preferred by the Insurance Company against the judgment and award dated 17.07.2018 passed by the Motor Accident Claim Tribunal, (Main) Surat, in Motor Accident Claim Petition being MACP
2. The brief facts of the present case are as under that:
2.1 It is alleged that on 23.11.2012 at 11:15 hours at night, when the respondent No.1 was travelling by a car driven by respondent No.2, a truck came from opposite side with full lights, and therefore, the driver lost control and collided with the neem tree resulting into injuries to the claimant being fracture of the knee and left femur. Accordingly, he had to undergo medical treatment and it is claimed that he has suffered 35% disability in the left leg.
2.2 The claimant respondent No.1 has filed a claim for taking 8,00,000/- under various heads along with costs and interest by preferring the Motor Accident Claim Petition being MACP No.439 of 2013, in MACT (Main) Surat.
2.3 The respondent No.1 claimant has claimed that he was getting a salary of Rs.9,000/- and Rs.3,000/- as commission, and therefore, he was earning a total Rs.12,000/- per month by doing marketing job. In support of his claim, he has produced appoint
Compensation cases under the Motor Vehicles Act, 1988 do not require strict rules of evidence as in criminal trials. The standard of proof is preponderance of probability. The court must assess the i....
The court confirmed that compensation in personal injury cases must be justly reflective of actual earnings and the impact of disability, not based on inflated assumptions.
The court established that evidence of income can be validated through oral testimonies despite lacking formal documentation, and defined functional disability as critical for compensation in persona....
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 extent of compensation awarded in a motor accident claim depends on various factors, including the claimant's income, the extent of disability, medical expenses, future prospects, and non-pecunia....
Calculation of future income and compensation in motor accident claims.
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