IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur
Devi Lal s/o Sukhlal – Appellant
Versus
United India Insurance Co. ltd. – Respondent
ORDER :
Vinit Kumar Mathur, J.
1. Heard learned counsel for the parties.
2. The present appeal has been filed against the Judgment and Award dated 18.07.2002 passed by Motor Accidents Claim Tribunal, Chittorgarh in Claim Case No.294/2001, whereby the claim petition preferred by the appellant-claimant for compensation on account of the injuries suffered in the accident, which occurred on 04.02.1998, has been partly allowed.
3. Briefly noted facts in the present appeal are that on 04.02.1998 the appellant while going on his Vicky (moped) bearing registration No. RJ-09-M-7698 met with an accident with a private bus bearing registration No. RJ-09-P-255 coming from opposite direction. On account of the injuries suffered in the accident, the appellant incurred 40% disability. The certificate of permanent disability has been placed on record. The appellant preferred a claim petition before the learned MACT, Chittorgarh, which was decided vide Judgment and Award dated 18.07.2002 and a compensation to the tune of Rs.1,82,500/- was awarded in favour of the appellant.
4. Dissatisfied with the award, the appellant has preferred this appeal and has canvased before this Court that the findings of the
Tribunals must accept medical disability certificates unless proven incorrect; RSLSA Guidelines apply to both government servants and private employees for compensation assessments.
The court held that the Tribunal should have awarded compensation to the appellants in accordance with the RSLSA guidelines dated 05.11.2018.
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 Tribunal must actively assess the impact of permanent disability on earning capacity, and disability certificates from competent authorities should be accepted without further proof unless there ....
The court upheld the Tribunal's decision, finding no merit in the appeal as the claimant did not demonstrate monetary loss due to disability.
The Tribunal must assess evidence proactively in disability claims, regardless of the absence of the certifying doctor.
Permanent disability assessments must align with medical evaluations, and compensation should reflect future loss of earnings due to such disabilities.
Guidelines from State Legal Services Authorities are not binding in compensation cases where proof of income is available.
The necessity for concrete medical evidence to establish the extent of disability in compensation claims under the Motor Vehicles Act was emphasized, highlighting the need for a proper assessment of ....
A non speaking order passed without application of mind cannot be sustained.In case of permanent disability the compensation hould be adequate not only for the physical injury and treatment, but also....
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