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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
United India Insurance Co. Ltd. – Appellant
Versus
Nitya Nand – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Appellant-Insurance Company has preferred this appeal against award dated 4.12.2015 passed in Claim Petition No. 19/14/2009, titled as Nitya Nand Vs. Hardev Singh Saini and others, by Motor Accident Claims Tribunal-III, Mandi, District Mandi, H.P. camp at Jogindernagar, whereby claim petition preferred by respondent No. 1-claimant Nitya Nand has been allowed by awarding compensation of Rs.4,53,047/- alongwith 9% interest per annum from the date of filing the petition till payment with costs of Rs.5,000/-.
2. Respondent No. 1-claimant Nitya Nand had preferred the claim petition for receiving injury in a motor accident involving Motor Cycle No. HP-33A-6577 and HP-33A-6201. At the time of accident Motor Cycle HP-33A-6577, owned by respondent No. 2 Hardev Singh, was being driven by respondent No. 3 Chhabil Kumar, whereas respondent No. 4 Tek Chand is owner cum driver of another Motor Cycle.
3. Occurrence of the accident, injuries received by respondent No. 1-claimant and details of his treatment are not in dispute. Present appeal has been preferred by assailing the quantum of compensation determined by the Motor Accident Claims Tribunal under different hea
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The main legal point established in the judgment is the application of the Workman's Compensation Act, particularly Schedule-I part-2, to determine just compensation for permanent disability, loss of....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
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