Back
VINIT KUMAR MATHUR
Narendra – Appellant
Versus
Singh Sanjay – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - Learned counsel for the appellant submits that service upon respondent No.2 may be dispensed with at his risk and cost.
Ordered accordingly.
2. With the consent of learned counsel for the parties, the instant appeal is being heard and disposed of finally at this stage itself.
3. The instant appeal has been preferred by the appellant -claimant against the judgment and award dated 22.01.2018 passed by Judge, Motor Accident Claims Tribunal No.1, Udaipur in Motor Accident Claim Case No.193/2007, whereby the Tribunal partly allowed the claim petition filed by the appellant-claimant and awarded a sum of Rs.2,39,600/- as compensation with an interest @ 8.5% p.a. on account of injuries sustained by Narendra Singh in the accident which occurred on 18.09.2016.
4. Learned counsel for the appellant-claimant submits that the Tribunal fell in error while deciding the issue No.2 and reducing the permanent disability sustained by the appellant to the extent of 12% from 24%. Learned counsel submits that on account of fracture of femur bone, the Medical Board assessed permanent disability of the appellant to the extent of 24%, however, learned Tribunal while computing th
Permanent disability must be accurately assessed based on medical evidence, and compensation should reflect loss of future prospects.
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 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.
Disability assessment must be based on credible evidence, and claimants may be entitled to additional compensation for loss of future amenities based on the extent of disability.
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.
The assessment of disability and determination of compensation should consider the multiplier method and relevant Supreme Court judgments.
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 ....
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
