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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MRIDUL KUMAR KALITA
Liberty General Insurance Ltd. – Appellant
Versus
Dipak Baishya, S/o. Late Santi Baishya – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Ms. D. D. Roy, learned counsel appearing for respondent No. 1.
2. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the appellant, namely, M/s Liberty General Insurance Limited, impugning the judgment and award dated 07.01.2021, passed by the Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati in MAC Case No. 652/2017 whereby an amount of Rs.9,92,300/- along with interest at the rate of 7.5 % per annum from the date of filing of the claim petition was awarded as compensation to the respondent No. 1 and the present appellant was directed to pay the same.
3. The relevant fact for consideration of the instant appeal, in brief, are that the claimant (respondent No. 1) had approached the Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati by filing an application under Section 166 of the Motor Vehicle Act, 1988, seeking compensation for the injuries sustained by him as a result of motor vehicular accident which occurred on 24.11.2016. It is stated by the claimant in his application before the Motor Accident Claims Tribunal that on the a
The court clarified that functional disability assessment must reflect the earning capacity loss, distinct from percentage of permanent disability, requiring consideration of the claimant's professio....
The court emphasized the need to compensate the claimant not only for the physical injury but also for his inability to lead a full life and to earn as much as he used to earn or could have earned bu....
The assessment of loss of earning capacity must consider occupation and disability rather than rely solely on percentage disability, resulting in a modified award reflecting an 80% loss of earning ca....
The main legal point established in the judgment is the assessment of functional disability and future income loss to determine the compensation amount in motor accident claims.
Functional disability assessed must reflect actual loss of earning capacity, not simply physical variables; severe cognitive injuries warrant comprehensive reassessment of compensation.
Proper assessment of the impact of permanent disability on earning capacity is crucial in determining compensation for motor vehicle accident victims.
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....
The assessment of compensation for disability must reflect both physical and functional impacts, ensuring fairness and reasonableness in determining just compensation.
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