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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MRIDUL KUMAR KALITA
Oriental Insurance Company Limited – Appellant
Versus
Salamuddin @ Abdul Salam Ali, S/O- Late Bahar Ali – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. S. K. Goswami, the learned counsel for the appellant. Also heard Mr. A. Bhattacharyya, the learned counsel for the respondent/claimant.
2. This appeal, under Section 173 of the Motor Vehicles Act, 1988, has been filed by the Oriental Insurance Company Limited, impugning the judgment and award dated 30.04.2019, passed by the Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No. 16/2017, whereby the appellant was directed to pay a compensation amount of Rs. 24,42,464/- along with interest at the bank rate on 12.06.2018 to the claimant.
3. The facts relevant for consideration of this appeal are, in brief, that on 13.11.2016 at about 1.00 am, the claimant Md. Salamuddin @ Abdul Salam Ali and his wife, namely, Sabida Begum were travelling by a bus bearing Registration No. AS-01-W0043. When the said bus reached Paikan, under Krishnai Police Station, in Goalpara District, the bicycles loaded on the roof of the bus came in contact with a high-tension electricity wire, as a result of which the bus got electrocuted and the passengers sustained injuries. The wife of the claimant succumbed to her injuries on the same day in the
The assessment of future earning capacity must consider the specific nature of the claimant's work, avoiding duplication in compensation awards for overlapping heads.
Permanent disability assessments should reflect a claimant's actual earning capacity and modifications in damage awards must be proportionate to the severity of injuries.
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 future earning capacity must consider the nature of disability relative to the claimant's profession, not merely the percentage of physical disability.
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 court modified the compensation awarded by the Tribunal due to miscalculation of disability and future prospects, establishing the correct loss of earning capacity as 60%.
The assessment of compensation under the Motor Vehicles Act, 1988, for loss of future earnings due to permanent disability is not solely based on the disability percentage in the certificate and may ....
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