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ARUN DEV CHOUDHURY
Rushi @ Ruchi Thapa, D/o. Sri Dhan Bahadur Thapa, rep. by her father Sri Dhan Bahadur thapa – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
JUDGMENT :
1. Heard Ms. P Bhattacharya, learned counsel for the appellant. Also heard Ms. M Choudhury, learned counsel for the respondent No. 1 Insurance Company and Mr. B Borah, learned counsel for the respondent Nos. 2 and 3.
2. The present appeal is preferred by the claimant against the judgment and award dated 23.02.2018 passed in MAC Case No. 1431/2014 being aggrieved by the quantum of award. The Insurance Company has not preferred any appeal against the aforesaid judgment nor any cross-objection has been filed in the present proceeding.
3. The brief facts, which are necessary for determination of the present appeal can be summarized as follows:
II. The owner of the vehicle i.e. OP No. 2 contested the claim by filing written statement and
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....
A disability certificate issued by a Medical Board without the assessment of a Neuro Surgeon, who would be the best specialist to assess the extent of disability, lacks credibility and cannot be reli....
Permanent disability does not automatically equate to loss of earning capacity; proper medical evidence is essential for substantiating claims.
The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principle....
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 assessment of compensation for permanent disability must consider its impact on earning capacity, not just the percentage of disability.
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