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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Meera Devi – Appellant
Versus
Veena Devi – Respondent
| Table of Content |
|---|
| 1. petitioner injured by rash negligent driving. (Para 1 , 2) |
| 2. respondents deny negligence, allege claimer's fault. (Para 4) |
| 3. tribunal awarded rs.3,75,994/-; appeal for enhancement. (Para 6 , 7) |
| 4. appellant seeks higher income, future losses; insurer defends. (Para 8 , 9) |
| 5. confirmed accident liability and 17% limb disability. (Para 10 , 11 , 12) |
| 6. pecuniary/non-pecuniary damages; pain, amenities compensation. (Para 13 , 14 , 15 , 16) |
| 7. rs.5,000/- notional income for unproven housewife worker. (Para 17 , 19) |
| 8. 40% future prospects addition for self-employed under 40. (Para 20 , 21) |
| 9. 17% functional disability loss with multiplier 16. (Para 22) |
| 10. medical expenses, pain, amenities losses awarded. (Para 23 , 24) |
| 11. compensation enhanced to rs.4,09,674/-. (Para 25) |
JUDGMENT :
Sushil Kukreja, J.
The instant appeal is maintained by the appellant- petitioner (hereinafter referred to as the ‘petitioner’) under Section 173 of the Motor Vehicles Act (for short ‘MV Act’) against the award dated 28.08.2015, passed by the learned Motor Accident Claims Tribunal-II, Solan, District Solan, HP, in MAC Petition No.1- S/2 of 2014, with a prayer to enhance the awarded amount of compens
In motor accident injury claims, add 40% to notional income of self-employed below 40 years for future prospects; separately award for loss of amenities where disability affects life activities; hous....
The main legal point established in the judgment is the assessment of compensation in injury cases, considering factors such as permanent disability, loss of future earnings, pain and sufferings, and....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
Permanently disability suffered in motor accident – Money cannot substitute a life lost but effort has to be made for grant of just compensation so far as money can compensate.
The main legal point established in the judgment is the determination of just compensation for motor vehicle accident victims under the Motor Vehicles Act, 1988, considering income estimation, future....
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