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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Satyen Vaidya, J
National Insurance Company Ltd. – Appellant
Versus
Mathra Devi @ Mathru – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant appeal, a challenge has been laid to the award dated 04.12.2015, passed by learned Motor Accidents Claims Tribunal (III), Mandi, District Mandi, H.P., in case No. MAC-80/2009, whereby respondent No.1 (hereafter referred to as claimant) has been held entitled to total compensation of Rs. 3,35,355/- alongwith interest @ 9% per annum from the date of the filing of the petition till realization.
2. Respondent No. 1(claimant) filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short “Act”) before learned Tribunal, seeking compensation on account of personal injuries and disablement suffered by her in a motor vehicle accident involving Tractor No. HP-31B-9315.
3. It was alleged by the claimant that on 03.01.2007, she was walking as a pedestrian on the road at village Kawal Kot, Tehsil Sadar, District Mandi, H.P. The Tractor bearing No. HP-31B-9315 came from behind and hit the petitioner. It was also averred that the tractor at the time of accident was being driven by driver Sh. Duni Chand in rash and negligent manner. As per petitioner not only she was injured in the accident but the tractor thereafter also rolled down
Claimants suffering permanent disability in motor vehicle accidents are entitled to compensation for loss of future prospects, as established in relevant case law.
Compensation for injuries must be just and reasonable, with assessments based on evidence of income and disability, not mere assertions.
The court affirmed that future earning loss and prospects must be included in compensation calculations, emphasizing just compensation's need for a liberal approach.
Motor Vehicles Act only provides for award of interest and not its rate.
A self employed person between the age group of 40-50 years is entitled to 25% more as future prospects.
The court emphasized the need to assess future earning potential for non-earning minors in compensation cases, particularly considering the impact of injuries on their functional capacity.
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 court held that the Tribunal erred in calculating the compensation by considering only 15% permanent disability instead of the actual 18% disability suffered by the appellant and in not awarding ....
The court emphasized the need to consider disability and future prospects in compensation calculations, enhancing the award to Rs. 7,00,600.
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