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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
National Insurance Co. Ltd. – Appellant
Versus
Om Parkash – Respondent
JUDGMENT :
Satyen Vaidya, J.
Both these appeals are being decided by a common judgment, as these arise from the same Award.
2. On 8.5.2012 at about 5.15 PM an accident involving two motor vehicles i.e. motorcycle No. HP-40B- 2052 and Jeep No. HP-54-0818 took place at place Pir-Bindli, Tehsil and District Kangra, H.P.
3. Om Parkash, appellant in FAO No. 114 of 2019 was riding the motorcycle. He suffered injuries in the said accident.
4. Om Parkash (hereinafter referred to as the claimant) filed claim petition under Section 166 of the Motor Vehicles Act, which came to be registered as MACP No. (RBT) 36-K/II/13/14 in the Court of learned Motor Accident Claims Tribunal (I) Kangra at Dharmshala (hereinafter referred to as the ‘Tribunal’).
5. As per claimant, his motorcycle was hit by Jeep No. HP-54-0818 and as a result of which, his right leg was crushed.It was alleged that the accident had been caused by the rash and negligent driving of the driver of Jeep No.HP-54-0818.
6. FIR No. 36 of 2012 dated 8.5.2012 was registered at Police Station, Haripur, District Kangra.
7. The claimant allegedly sustained grievous injuries. As per claimant, he had remained as indoor patient from 8.5.2012 to 11.5.2
The court upheld the principle that compensation must be based on realistic assessments of earning capacity and substantiated claims, rejecting unproven future medical expenses.
Compensation for injuries must be just and reasonable, with assessments based on evidence of income and disability, not mere assertions.
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
Point of law : As the age of the appellant was 19 years on the date of the accident and as he was self-employed person, the appellant would be entitled to prospective income to the tune of 40%. As th....
The main legal point established in the judgment is the assessment of future loss of earning due to permanent disability, the criteria for assessing loss of income, and the principles for awarding co....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
Motor Vehicles Act only provides for award of interest and not its rate.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
The court clarified that in motor vehicle accident cases, the assessment of negligence and compensation must consider both the actions of the claimant and the defendant, and future prospects must be ....
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