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NARENDRA SINGH DHADDHA
Prakash Chand Sharma – Appellant
Versus
Mahendra Kumar Sharma – Respondent
ORDER
1. The aforesaid two appeals have arisen from a judgment and award dated 18.01.2017 passed by Motor Accident Claims Tribunal, Alwar in Claim Petition No.575/2014 titled as Prakash Chand Sharma Vs. Mahendra Kumar Sharma & Ors., whereby Tribunal while allowing the claim petition, awarded a sum of Rs.16,29,465/- as a compensation in favour of the appellant claimant in CMA No.3050/2017.
2. CMA No.3050/2017 has been filed by the appellant-claimant seeking enhancement of compensation amount awarded by the Tribunal, whereas, CMA No.1367/2017 has been filed by the Insurance Company challenging the award passed by the Tribunal on various grounds.
3. CMA No.3050/2017-Learned counsel for the appellantclaimant submits that the learned Tribunal wrongly discarded 100% disability of injured Prakash Chand Sharma. Learned counsel for the appellant-claimant also submits that during evidence, disability certificate Ex.16 was exhibited and it was proved by Dr. Mahesh Vashisth an orthopedic specialist. So, finding of the Tribunal regarding assessing the disability of the appellant-claimant to the extent of 50% be set aside and disability of injured be considered as 100%.
4. Learned counsel for the ap
The court emphasized the need to consider disability and future prospects in compensation calculations, enhancing the award to Rs. 7,00,600.
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 ....
Nature of injuries sustained by the first respondent/claimant has not been disputed by the Appellant Insurance company.
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.
The judgment establishes that compensation for personal injury must reflect actual income, future prospects, and the extent of disability, ensuring just compensation under the Motor Vehicles Act.
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.
The court confirmed that compensation in personal injury cases must be justly reflective of actual earnings and the impact of disability, not based on inflated assumptions.
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