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SANJAY KUMAR DWIVEDI
Sunil Kumar Kushwaha – Appellant
Versus
Katragadda Satyanarayana – Respondent
JUDGMENT :
1. The present appeal has been preferred by the appellant claimant being dissatisfied with the Award dated 20.06.2017 passed by Presiding Officer MVACT, Hazaribagh in Claim Case No.23 of 2011 whereby learned said court has awarded a sum of Rs.7,09,273/- and has directed the O.P.No.2 (Insurance company) to pay awarded amount with interest @ 6% payable from the date of framing of issue i.e. on 24.3.2014 in 30 days failing which the award shall carry interest @ 9% per annum after deducting ad-interim compensation if paid from the aforesaid amount.
2. The claim case has been filed on 07.09.2010 stating that at about 11.00 in the morning the injured/claimant Sunil Kumar Kushwaha along with his friend Manish Jha @ Lallu was coming from Goriyaribag after attending the market and when reached near football ground under Ramgarh Police Station a Truck bearing No.AP-16TA-3445 being driven very rashly and negligently by its driver dashed against them, as a result of which both received serious injuries. The injured/claimant Sunil Kumar Kushwaha received serious injury and compound frac
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....
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 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 court held that the Tribunal erred in calculating the compensation by considering only 15% permanent disability instead of the actual 18% disability suffered by the appellant and in not awarding ....
The court established that permanent disability and future prospects must be accurately assessed in compensation claims for motor accidents, guided by medical evidence and legal precedents.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
The main legal point established in the judgment is the assessment of compensation for permanent disability, loss of future prospects, and the need for just compensation for pain, suffering, and trau....
Court emphasized the need to consider future earning capacity and just compensation for pain and suffering in personal injury claims.
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