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NARENDRA SINGH DHADDHA
Nitesh Kanwar Shekhawat, D/o. Late Shri Mohan Singh Shekhawat – Appellant
Versus
Tarachand, S/o. Shri Kanhaiya Lal – Respondent
JUDGMENT :
1. Instant appeal has been preferred by the claimant-appellant (for short ‘the claimant’) dissatisfied with the judgment and award dated 24.04.2017 passed by Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur (hereinafter referred to as ‘the Tribunal’) in Claim Case No.328/2013 whereby an amount of Rs.14,50,000/- alongwith interest @ 6% was awarded as compensation in favour of the claimant.
2. Learned counsel for the claimant submits that the Tribunal had erred in not granting the amount due to loss of future income on account of permanent disability to the claimant. Learned counsel for the claimant also submits that finding of the Tribunal regarding issue No.4 is absolutely contrary to law. Learned counsel for the claimant also submits that claimant had exhibited the disability certificate as Ex.16 in the evidence. As per the disability certificate, claimant suffered permanent disability of 29.33% but the Tribunal had not awarded any compensation towards the permanent disability and loss of future income. So, award of the Tribunal be modified.
3. Learned counsel for the claimant has placed reliance upon the judgment of Hon’ble Apex Court in the case of Hari O
Compensation for disability must adequately reflect projected future income loss and incurred medical expenses, emphasizing public welfare in motor vehicle accident claims.
The court established that proper evidence is crucial in determining compensation for personal injuries, and that established legal principles must be applied to ensure just compensation, including c....
The main legal point established in the judgment is that the Tribunal's decision on compensation must adhere to beneficial legislation and authoritative pronouncements, and the rate of interest shoul....
The court established that permanent disability and future prospects must be accurately assessed in compensation claims for motor accidents, guided by medical evidence and legal precedents.
The main legal point established in the judgment is the criteria for calculating the loss of future earning in cases where the victim has no fixed income or is not in a permanent job, as laid down by....
The court held that the Tribunal erred in calculating the compensation by considering only 15% permanent disability instead of the actual 18% disability suffered by the appellant and in not awarding ....
The main legal point established in the judgment is the requirement for just and realistic compensation under the Motor Vehicles Act, considering the impact of permanent disability on the claimant's ....
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