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GITA GOPI
Jayantibhai Chhaganbhai Patel – Appellant
Versus
Maganbhai Chhaganbhai Nayak – Respondent
JUDGMENT :
GITA GOPI, J.
1. The injured claimant has challenged the judgment dated 11.06.2007 passed by Motor Accident Claims Tribunal (Auxi.) Vyara, District Surat in MACP No. 387 of 1991.
2. Mr. Paresh Darji, learned advocate for the appellant referring to the facts of the case submitted that evidence had come on record that the claimant had suffered multiple fracture injuries in both the legs and hands. He was admitted in the hospital and steel rods and plates were inserted in both the legs and hand. Mr. Darji stated that he was operated for about seven times on his leg, but the learned Tribunal has not appropriately granted amount under the head of pain, shock and suffering.
2.1 Advocate Mr. Darji further submitted that the income of the claimant has been considered as Rs. 4,000/- per month, but the prospective rise in income has not been granted in accordance to the judgment of the Apex Court, taking into consideration the age of the claimant. Mr. Darji submitted that the bills regarding medical expenses were placed on record and in total the medical bills produced were to the tune of Rs. 1,22,593/- but the Tribunal has not believed the same considering to be as not proved and gra
The main legal point established in the judgment is the assessment of compensation for various heads including future loss of income, actual loss of income, pain, shock, and suffering, medical expens....
Assessment of claimant's income based on minimum wages schedule, calculation of future loss of income, and consideration of additional expenses in determining compensation
The main legal point established in the judgment is the assessment of prospective rise in income and functional disability in motor accident claims, emphasizing the need to consider the injured and t....
The court emphasized the importance of considering functional disability and medical evidence in determining just compensation for personal injury under the Motor Vehicles Act, 1988.
The assessment of income and compensation in motor accident claims should consider the claimant's earning capacity, future loss of income, and relevant legal principles, such as the prospective rise ....
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
The central legal point established in the judgment is the assessment of functional disability and its impact on the claimant's earning capacity, as well as the determination of appropriate compensat....
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