Back
J. C. DOSHI
Patel Bhailalbhai Shankarlal – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT :
J. C. DOSHI, J.
1. The present First Appeal, under Section 173 of Motor Vehicles Act, 1988, is preferred by the appellants – original claimants being aggrieved and dissatisfied with the judgment and award dated 30.8.2006 passed by the Motor Accident Claims Tribunal, Mehsana in Motor Accident Claim Petition No.1078 of 2001, whereby the learned Tribunal has awarded compensation of Rs.76,200/- with 9% interest from the date of filing the claim petition till realization to the claimant.
2. Brief facts of the case are that the appellant received serious bodily injuries as well as fractures of Tibia Fibula of bones on the left leg while the appellant was standing and chit chatting on the bank of the road at near Delvada Primary School, Kalri-Modhera Road on 17-Jun-2001 at around 12:00 noon while the one Mr. Chimanlal Manordas Patel along with Mr. Dashrathbhai Patel while proceeding on a scooter, saw the appellant and therefore halted for a while to chit chat with the appellant, at that time one matador bearing registration no. GJ- 3-X-1214 came from Becharaji being driven in a rash and negligent manner and in an excessive speed, dashed with the appellant as well as the Chimanlal
The court emphasized the necessity of applying the multiplier method for assessing compensation in personal injury cases, rejecting the lower multiplier used by the Tribunal and enhancing compensatio....
Permanent disability must be evaluated for its impact on future earning capacity, with compensation reflecting marketability and functional impairment, not merely current income stability.
Permanently disability suffered in motor accident – Money cannot substitute a life lost but effort has to be made for grant of just compensation so far as money can compensate.
Accident claim – Permanent disability and loss of earning capacity - submission of his counsel that his earning capacity has been totally reduced to 100% is not acceptable. 60% reduction in his earni....
The main legal point established in the judgment is the application of the multiplier method for calculating loss of earning capacity and the consideration of future prospects for self-employed indiv....
Compensation in personal injury cases should fully restore claimants to their pre-accident position, factoring in medical costs, loss of earnings, and future prospects.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
