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VINIT KUMAR MATHUR
Rajmal @ Rajendra – Appellant
Versus
Kailash Goods Transport Co – Respondent
JUDGMENT
1. With the consent of the learned counsel for the parties, the matter is being heard and decided finally.
2. The present appeal has been filed against the judgment and award dated 27.08.2018 passed by learned Motor Accident Claims Tribunal, Banswara in Motor Accident Claim Case No. 376/2012 whereby, the Tribunal awarded a sum of Rs. 3,90,100/- in favour of appellant-claimant on account of the injuries sustained in the accident which occurred on 23.04.2010.
3. The learned Tribunal, after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties decided the claim petition of the appellant-claimant.
4. Learned counsel for the appellant submits that the Tribunal committed an error while calculating the award in the present case, which is on the lower side. He further submits that the Tribunal had not correctly recorded the finding on Issue No. 2 as it was brought on record by a medical evidence that the right leg of the appellant was amputated above the ankle resulting into 60% permanent disability. Whereas, the Tribunal had taken the disability only to the extent of 40% for whole body. He further submits that no amount towards the loss of
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 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 ....
Permanent disability must be accurately assessed based on medical evidence, and compensation should reflect loss of future prospects.
Permanent disability assessments must align with medical evaluations, and compensation should reflect future loss of earnings due to such disabilities.
The main legal point established in the judgment is the proper assessment of permanent disability, loss of future prospects, and computation of income in motor accident compensation cases.
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.
Nature of injuries sustained by the first respondent/claimant has not been disputed by the Appellant Insurance company.
The court emphasized the need to consider disability and future prospects in compensation calculations, enhancing the award to Rs. 7,00,600.
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