Back
V. G. ARUN
Joby George, S/o. George – Appellant
Versus
Siby Valloran, S/o. Dvassy – Respondent
JUDGMENT :
(V.G. Arun, J.)
The appellant sustained the following injuries in a road traffic accident on 11/10/2013 :-
ii) Comminuted displaced segmental fracture both bones left leg
iii) Blunt injury abdomen
iv) Fracture dislocation acetabulam (R)
v) Fracture T6 and T12
2. At the time of accident, the appellant was an interior decoration works contractor. According to the appellant, his monthly salary was Rs.35,000/-. He, therefore, filed claim petition before the Motor Accidents Claims Tribunal seeking Rs.24,98,000/- as compensation, which was limited to Rs.10,00,000/- (Rupees ten lakhs only). By the impugned award, the Tribunal granted total compensation of Rs.3,47,000/- with interest at the rate of 9% p.a. Aggrieved, this appeal is filed.
3. Learned Counsel for the appellant contended that the Tribunal committed gross illegality in taking the appellant's monthly income as Rs.10,000/-.
4. The other ground of challenge is against the unilateral reduction of the percentage of disability from 21% to 12% despite production of Ext.A10 disability certificate. The computation of loss of income for only four months, when compared to the gravity of t
The court established that disability certificates issued by qualified medical professionals must be considered valid, and the Tribunal has a proactive role in assessing claims for compensation in mo....
The case clarified that compensation for pain, suffering, and loss of amenities must be justly evaluated and should not solely hinge on earning capacity assessments.
The court has the authority to modify the compensation awarded by the Tribunal based on the assessment of disability, loss of earning capacity, and other relevant factors.
The main legal point established in the judgment is the assessment of compensation in motor accident claims based on the extent of injuries and the claimant's inability to work.
The Motor Accident Claims Tribunal must give due weight to the assessments made by Medical Boards regarding disability and cannot independently alter these assessments without compelling justificatio....
Court determined appropriate compensation and disability assessment in motor accident case modifying previous tribunal award.
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
