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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
Shriram General Insurance Co. Ltd. – Appellant
Versus
Surinder Singh – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant appeal, the insurer has assailed the award dated 17.12.2018, passed by the learned Motor Accident Claims Tribunal-II, Solan (for short the ‘Tribunal’) in Claim Petition No. 04- NL/2/2017, whereby respondent No.1 herein (for short the ‘claimant’) has been awarded compensation of Rs. 12,84,700/- with interest at the rate of 8% per annum and the insurer has been directed to satisfy the award.
2. The claimant had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short the ‘Act’) before the learned Tribunal, seeking compensation on account of injuries and permanent disablement suffered by him in an accident involving motor vehicle.
3. The claimant had alleged that on 18.8.2016, at about 9.30 AM, he was riding his motorcycle No. HP- 12B-0671 with his wife and child on the pillion. When he reached near the house of Bhagat Singh at Village Rampur-Berchha, Tehsil Nalagarh, District Solan his motorcycle was hit by a car bearing No.HP-12E-9488 being driven by Bal Krishan (for short the owner/driver) in rash and negligent manner.
4. The claimant allegedly suffered grievous injuries to both of his legs, which resulted in 35%
Compensation for injuries must be just and reasonable, with assessments based on evidence of income and disability, not mere assertions.
The court upheld the principle that compensation must be based on realistic assessments of earning capacity and substantiated claims, rejecting unproven future medical expenses.
The assessment of future earning capacity must consider the nature of disability relative to the claimant's profession, not merely the percentage of physical disability.
Motor Vehicles Act only provides for award of interest and not its rate.
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....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
The court established that compensation for personal injuries must reflect actual income loss and consider the impact of permanent disability on earning capacity.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
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