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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Desh Raj – Appellant
Versus
Sunehari Devi – Respondent
| Table of Content |
|---|
| 1. accident facts and tribunal's initial award (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. parties contest compensation quantum (Para 12 , 13 , 14) |
| 3. 100% permanent functional disability proven (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 4. loss of earning: rs6000 +40% prospects, multiplier 17 (Para 21 , 22) |
| 5. enhanced non-pecuniary damages for pain, amenities (Para 23 , 24 , 25 , 26) |
| 6. total compensation recalculated to rs28,86,046 (Para 27 , 28 , 29 , 30) |
JUDGMENT :
Satyen Vaidya, J.
Both these appeals have been heard and are being decided together as these arise from the same award.
2. FAO No.69 of 2019 has been preferred by the insurer, whereas FAO No.01 of 2019 has been filed by the claimant for enhancement of award.
3. The claimant has suffered 100% disability as a result of injuries suffered in motor vehicle accident. The claimant was an occupant of vehicle bearing registration No. HP-01M-1920, which had met with an accident on 10.05.2015 at Village Sidhi Nalla, near Kandidhar, Tehsil Thunag, District Mandi, H.P.
4. The claimant filed claim petition under Section 166 of the Motor Vehicles Act (for short, “the Act”) before learned Motor Accident Claims Tribunal, Mandi (for sh
For 100% permanent disability in motor accidents, functional disability matches medical assessment; notional income +40% future prospects with age-based multiplier; liberal non-pecuniary compensation....
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....
Permanent disability requires compensation reflecting not only past earnings but also future prospects and quality of life, acknowledging the emotional suffering of the claimant.
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
A minor child suffering permanent disability in a motor accident must not be treated as a non-earning individual; compensation for loss of income should be calculated using minimum wages for skilled ....
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