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SANJAY KUMAR DWIVEDI
Chabi Sharma @ Chhabilal Sharma @ Chhabi Lal Mistry, son of late Babu Ram Mistry – Appellant
Versus
Binod Chaudhary, son of Babulal Chaudhary – Respondent
JUDGMENT :
Heard Mr. Arwind Kumar Lal, learned counsel for the appellant and Mr. Yogendra Prasad learned counsel for the respondent no. 2.
2. Aggrieved with award dated 21.09.2015 passed by the learned District Judge-1-cum-Presiding Officer, Motor Vehicle Accident Claims Tribunal, Lohardaga in Compensation Case No. 06 of 2013, the appellant/claimant has preferred this appeal for enhancement of awarded amount.
3. Compensation Case was instituted by the appellant for grant of compensation on account of disability of appellant arising out of use of motor vehicle. Prayer was also made for grant of just and fair compensation for Rs. 19,49,563/- along with interest @ 9% per annum from the date of application till realization.
4. Learned tribunal after hearing the parties has been pleased to direct the Insurance Company to pay Rs. 9,70,853/- to the claimant/appellant within one month from the date of the award failing which the insurance company shall be liable for penal interest @ 6% per annum from the date of award till realization.
5. Mr. Arwind Kumar Lal, learned counsel for the appellant submits that the appellant was running a garage for repair of vehicle on a licence issued by the Gover
The impact of permanent disability on earning capacity and the principle of providing just compensation to place the claimant in the same position as before the accident are crucial legal principles ....
The main legal point established in the judgment is the criteria for calculating the loss of future earning in cases where the victim has no fixed income or is not in a permanent job, as laid down by....
The assessment of compensation for permanent disability must separately evaluate the impact on earning capacity, not merely equate it to medical disability percentages.
The central legal point established in the judgment is the assessment of compensation for loss of future earnings and the inclusion of future prospects in the awarded amount, based on the impact of p....
Future loss of income in personal injury claims must consider both current earnings and potential increases, especially in cases of permanent disability.
A self employed person between the age group of 40-50 years is entitled to 25% more as future prospects.
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....
The court established that evidence of income can be validated through oral testimonies despite lacking formal documentation, and defined functional disability as critical for compensation in persona....
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