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PRAVEER BHATNAGAR
Jeenat – Appellant
Versus
Satish Kumar Tepan – Respondent
JUDGMENT
1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 (afterwards referred as 'Act of 1988') has been filed by the appellant against the judgment and award dated 14.02.2020 passed by the Motor Accident Claims Tribunal No.1, Jaipur Metro, Jaipur (afterwards referred as 'Tribunal') in MAC Case No.911/2019, whereby, the Tribunal has awarded a sum of Rs. 3,48,000/- as compensation.
2. Brief facts of the case are that on 04.04.2015 the appellant, as a pillion rider, while going on a Motorcycle bearing registration No.RJ14-50M-0021 from Sindhi Camp towards Meer Ji Ka Bagh, at about 02:00 PM when reached opposite Mahendra & Mahendra Showroom at M.I. Road, was hit from back side by a Roadway Bus bearing registration No. RJ26-PA-0417, being driven rashly and negligently by its driver respondent No. 1, as a result of which, the appellant sustained injuries. At the time of accident, respondent Nos.1 and 2 were driver and owner of the Bus, respectively.
3. In pursuance to the said accident, an FIR was lodged at P.S. Vidhayakpuri, Jaipur on 18.04.2015. The police after investigation filed charge-sheet against the respondents.
4. A claim petition to this effect was filed b
The court established that minimum wage standards are applicable for compensation assessment in personal injury claims when income proof is lacking.
Point of law : As the age of the appellant was 19 years on the date of the accident and as he was self-employed person, the appellant would be entitled to prospective income to the tune of 40%. As th....
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
The court established that evidence of income can be validated through oral testimonies despite lacking formal documentation, and defined functional disability as critical for compensation in persona....
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
Compensation in motor accident claims should reflect just and reasonable expectations based on established legal criteria, including income calculations and contributory negligence.
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