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RAMESHWAR VYAS
Rajesh Joshi – Appellant
Versus
Late Jaysingh – Respondent
ORDER
1. Since both the appeals arise out of the same order, hence, both the appeals are being decided by this common order.
2. National Insurance Company has filed appeal under Section 173 of Motor Vehicle Act, 1988 (herein afterwards referred to as 'MV Act') against the award dated 28.10.2020 passed by Motor Accident Claims Tribunal, Banswara (herein afterwards referred to as 'the Tribunal') in Claim Case No. 454/2018 [Dr. Rajesh Joshi vs. Late Jai Singh & Ors], whereby respondent claimant was awarded Rs.5,97,692/- as compensation. Whereas, claimant Dr. Rajesh Joshi has filed the appeal for enhancement of the compensation awarded by the Tribunal.
3. Brief facts of the case are as under:-
4. On 14.1.2018, in the evening at 5:40 PM, claimant was going on a motorcycle from Banswara to Barodiya. On the way, Suraj respondent no.3 herein, while driving his motorcycle RJ 03-SS-8626 in a rash and negligent manner, hit the motorcycle of the claimant, on account of which, claimant sustained injuries. First Information Report No. 24/2018 was lodged by the nephew of the claimant. Police after investigation, filed charge-sheet against respondent no.3 Suraj.
5. The claimant filed a claim petition u
Compensation for injuries must be based on actual loss of income and the impact of disability on earning capacity, not on arbitrary assessments.
Negligence established under the Motor Vehicles Act mandates just compensation for injured parties, even exceeding claimed amounts.
The court emphasized the need to ascertain the effect and impact of permanent disability on the claimant's earning capacity and highlighted the importance of following the principles enunciated by th....
Compensation for injuries must be based on evidence of actual income loss and the impact of disabilities on earning capacity.
The court emphasized the principle of just and fair compensation under the Motor Vehicles Act, mandating a holistic approach to calculating damages, including future prospects and medical expenses.
Determining compensation in motor accident claims requires evaluating the claimant's losses and applying established legal standards to ascertain just compensation.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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