Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANJEET PUROHIT
Chutraram, S/o Pancharam – Appellant
Versus
Arvind Kumar, S/o Prabhu Ram Saini – Respondent
ORDER :
SANJEET PUROHIT, J.
1. The present appeal has been filed by the appellant-claimant seeking enhancement of the compensation amount awarded vide judgment/award dated 06.09.2018 passed by the Motor Accident Claims Tribunal, First Jodhpur Metropolitan (“learned Tribunal”) in MAC Case No. 37/2013, (NCV No. 1489/14). By the award in question, a sum of Rs.10,47,442/- was awarded in favour of the claimant with interest @9% per annum from the date of filing the claim petition.
BRIEF FACTS
2. The brief facts as pleaded in the claim petition are that on 21.01.2013, claimant- a truck driver holding a valid heavy-vehicle driving license met with an accident and sustained grievous injuries. During treatment, his right leg was amputated. Consequently, a claim petition was filed before the learned Tribunal claiming total compensation to the tune of Rs.64,90,000/-.
3. During the course of evidence, permanent disability certificate, showing disability percentage of 80% was placed on record. For establishing the income, claimant (A.W. 1) deposed that his monthly income was Rs.15,000/- per month and in support, the employer Mr. Ramswaroop (A.W. 2) also tendered his testimony stating that the claima
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....
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....
The main legal point established in the judgment is the need to assess loss of earning capacity and future medical expenses in cases of permanent disability to ensure just compensation.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
Compensation cases under the Motor Vehicles Act, 1988 do not require strict rules of evidence as in criminal trials. The standard of proof is preponderance of probability. The court must assess the i....
The court established that compensation for personal injuries must reflect actual income loss and consider the impact of permanent disability on earning capacity.
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
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
