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VINOD CHATTERJI KOUL
Bajaj Allianz General Insurance Company – Appellant
Versus
Imaad Durrani – Respondent
JUDGEMENT :
1. Bajaj Allianz General Insurance Company – appellant herein, is aggrieved of and seeks setting-aside of Award dated 16th March 2020, passed by Motor Accident Claims Tribunal, Srinagar, (for brevity “Tribunal”), on a Claim Petition, bearing File no.305/2015, titled Imaad Durrani v. Irshad Ahmed Shah and others, saddling appellant Insurance Company with liability to indemnify insured and pay compensation of Rs.18,67,400/- along with 7.5% interest from the date of presentation of claim petition till final realization, on the grounds made mention of in Appeal on hand.
2. I have gone through the file and considered the matter.
3. A claim petition, as is discernible from perusal of file, was filed by respondent no.1 before the Tribunal on 4th December 2015 for grant of compensation on account of grievous injuries suffered by him because of vehicular accident by rash and negligent driving of the driver of offending vehicle (Swift bearing Registration no.JK13B/7828) on 2nd March 2015, when respondent no.1 was driving his vehicle (Maruti 800) near Rawalpora, Srinagar. Respondent is stated to have been taken to hospital, and thereafter he underwent a number of surgeries out of J
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....
The percentage of permanent disability does not automatically determine the loss of earning capacity; a comprehensive assessment considering the claimant's occupation, age, and the nature of the disa....
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.
The assessment of compensation for personal injury must reflect the actual impact of injuries on earning capacity, not merely the percentage of disability.
The main legal point established is that the assessment of compensation in motor accident cases should consider the impact of permanent disability on the claimant's earning capacity, and the percenta....
The assessment of compensation under the head of loss of future earnings depends on the effect and impact of permanent disability on the earning capacity of the injured. The court should not mechanic....
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