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ANOOP KUMAR DHAND
Leelaram – Appellant
Versus
Deshraj – Respondent
ORDER
1. Instant appeal has been filed challenging the judgment and award dated 25.05.2017 passed by Motor Accident Claims Tribunal, Kotputali, District Jaipur in Motor Accident Claims Case No.297/2014 by which an award of Rs.9,16,875/- has been passed.
2. Counsel for the appellant submits that the appellant has suffered 90% permanent disability and he is not able to discharge his daily routine activities. He submits that as per the disability certificate Ex.P27 of the appellant he has suffered 90% permanent disability and the disability certificate indicates that he requires one attendant for his daily routine activities for rest of his life. He further submits that while determining the compensation the learned Tribunal has accessed his income on the basis of the minimum wages prevailing at the relevant time i.e. Rs. 189 per day. He further submits that while accessing the income total 26 days in a month has been taken into consideration while passing the award. He further submits that as per the view taken by this Court in the case of Jalaur Singh @ Dilawar Singh Vs. Barkat reported in 2012(2) MACD Rajasthan 692, the Tribunal ought to have considered the income of the injured for
Compensation for permanent disability must adequately reflect the injured party's needs, including full income consideration and costs for necessary assistance.
Accurate assessment of income and disability is crucial in determining fair compensation in motor accident claims.
Compensation for permanent disability must reflect updated income metrics and consider the severity of injuries when determining adequate amounts for pain and suffering.
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 court ruled that permanent disability preventing employment should be assessed as 100% functional disability, impacting compensation calculations.
The main legal point established in the judgment is the assessment of functional disability and the calculation of compensation under the Motor Vehicles Act.
Injury in motor accident – Quantum of compensation must be adequate and it cannot be meager.
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