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NUPUR BHATI
Ram Lal (Rama), S/o. Shri Beram – Appellant
Versus
Lohit Suwalka, S/o. Shri Suresh Chandra Suwalka – Respondent
JUDGMENT :
(Nupur Bhati, J.)
1. Appellant/Claimant has preferred the instant misc. appeal under Section 173 of the M.V. Act, 1988 (Act of 1988) seeking enhancement of the compensation awarded by learned Judge, Motor Accident Claims Tribunal, Bhilwara (Tribunal) vide judgment and award dated 05.01.2016, which later on was modified on 29.02.2016 by learned Tribunal in MAC Case No.1072/2013, for the injuries suffered by the claimant in the accident, whereby the learned Tribunal has awarded meagre compensation of Rs.7,94,796/- alongwith interest @ 6% per annum from the date of filing the claim petition. The liability to satisfy the award was fastened upon the non-claimants jointly and severally.
2. Briefly stated, the facts of the case are that the appellant/claimant filed a claim petition under Section 140 & 166 of the Act of 1988 claiming compensation of Rs. 24,00,000/- for the injuries suffered by him in the accident. It was stated in the claim petition that on 20.03.2013 at about 11:00 am, while the appellant was going on the road Kasya-Singoli on his motorcycle in right direction and when he reached near MP Boarder, a Car bearing registration number RJ-27-CB-6615 being driven by its
The court established that permanent disability due to amputation warrants a 100% loss of earning capacity, justifying enhanced compensation.
Compensation for injuries must be based on evidence of actual income loss and the impact of disabilities on earning capacity.
Court emphasized the necessity for awarding just compensation reflecting future loss of income due to disability, even if the victim retains employment.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
The court established that the assessment of compensation must reflect the claimant's actual earning capacity and the impact of permanent disability on future earnings, applying the correct multiplie....
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