Back
NUPUR BHATI
Saleem S/o Ahmed – Appellant
Versus
Lal Chand @ Nand Kishore S/o Bhagirath Prasad Sharma – Respondent
ORDER :
Nupur Bhati, J.
1. Both these appeals are being decided by this common order.
2. By way of these instant misc. appeals filed under Section 173 of the Motor Vehicles Act, 1988 (‘the Act of 1988’), the appellants/claimants have sought enhancement of the compensation and has sought modification of the judgment & award dated 23.02.2015 passed by the learned Judge MACT, Rajsamand in MACT Cases No.191/2012 and 193/2012, respectively, whereby the learned Tribunal partly allowed the claim of the claimants by awarding an amount to the tune of Rs. 1,07,000/- and Rs.9,10,000/-, respectively, @ 9% p.a. in their favour, while fastening the liability upon the respondent no. 2/owner and the respondent-Insurance Company.
3. Succinctly stated facts of the case are that on 06.09.2011, Saleem and his wife Sheikh Naseem Bano along with their son met with an accident due to rash and negligent driving of the driver of Bus bearing No.RJ-23-PA-2727 on account of which, Saleem and his wife Sheikh Naseem Bano sustained grievous injuries. Thereupon, they preferred claim petitions for compensation.
4. Subsequently, learned Tribunal issued the notices. Despite being served the notice, none appeared for resp
Compensation for injuries must be based on evidence of actual income loss and the impact of disabilities on earning capacity.
The court established that permanent disability due to amputation warrants a 100% loss of earning capacity, justifying enhanced compensation.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
The assessment of compensation under the Motor Vehicles Act, 1988, for loss of future earnings due to permanent disability is not solely based on the disability percentage in the certificate and may ....
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
The court established that compensation for personal injuries must reflect actual income loss and consider the impact of permanent disability on earning capacity.
The central legal point established in the judgment is the assessment of compensation for loss of future earnings based on the impact of permanent disability on earning capacity, and the application ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
