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SANJAY DHAR
National Insurance Co. Ltd. – Appellant
Versus
Subash Chander – Respondent
| Table of Content |
|---|
| 1. appeals arising from accident compensation claim. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contestation of income and disability assessments. (Para 7 , 8 , 16) |
| 3. tribunal's duty to ensure relevant evidence for disability. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 18 , 19) |
| 4. case remanded for further evidence gathering. (Para 20) |
| 5. final orders and direction for the tribunal. (Para 21 , 22) |
JUDGEMENT
1. By this common judgment, two appeals, one filed by the insurer and the other filed by the claimant challenging the award dated 31.05.2021 passed by the Motor Accident Claims Tribunal, Jammu ['for short' the Tribunal'] are proposed to be decided.
2. Before coming to the grounds of appeal, it would be apt to give a brief background of the facts leading to filing of these two appeals. On 01.12.2011 at about 5.15 pm, a Maruti Car bearing Registration No. JK21-3393 that was being driven rashly and negligently by its driver-respondent No. 3, knocked down the claimant, as a result of which, he suffered multiple injuries.
3. The claimant filed a claim petition before the Tribunal claiming compensation on account of the injuries sustained by him. In the said claim petition, the insurer, the ow
The main legal point established in the judgment is the need for uniformity in the assessment of disabilities in motor accident cases and the prevention of unscrupulous practices by doctors issuing d....
The Tribunal must actively assess the impact of permanent disability on earning capacity, and disability certificates from competent authorities should be accepted without further proof unless there ....
The main legal point established in the judgment is the assessment of compensation in motor accident claims based on the extent of injuries and the claimant's inability to work.
The assessment of compensation for disability must reflect both physical and functional impacts, ensuring fairness and reasonableness in determining just compensation.
The court emphasized the need to compensate the claimant not only for the physical injury but also for his inability to lead a full life and to earn as much as he used to earn or could have earned bu....
The court established that disability certificates issued by qualified medical professionals must be considered valid, and the Tribunal has a proactive role in assessing claims for compensation in mo....
Court reaffirmed that notional income for compensation claims should reflect judicial precedents, enhancing awards based on evidentiary assessments of disability and medical expenses.
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