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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Tata Aig General Insurance Co. Ltd. – Appellant
Versus
Shahwaz Khan, S/o Enamul Khan – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
Heard, learned counsel for the parties.
1. The appellant/ Insurance Company is in appeal against the judgment and Award of compensation under Section 166 of the M.V. Act passed by learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi, in Compensation Case No.76 of 2012 which has been awarded for the permanent disablement suffered by the Claimant (Sahbaj Khan).
2. The finding of facts recorded by the learned Tribunal regarding the factum of incidence is not in challenge.
3. On 26.01.2012, respondent No.1/claimant (Sahbaj Khan) was driving Motorcycle on which two pillions were riding along with him. The accident took place involving a Truck bearing Registration No.JH01Z 3981 in which the claimant/ respondent No.1 sustained permanent disability to the extent of 40%, whereas Sahil Khan sustained fatal injuries and died of it and one Arman Ansari also suffered permanent disability.
4. The learned Tribunal held that there was 30% contributory negligence on the part of the claimant, Sahbaj Khan & Ors, and awarded compensation of Rs.7,52,486/- by taking Rs.12,000/- as his monthly income from tyre repairing business.
5. It has not been disp
The court ruled that compensation must be based on consistent evidence of income, and contributory negligence cannot be assumed without clear evidence linking it to the accident.
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
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 ruled that compensation must be re-assessed based on accurate income and disability evaluations, enhancing the award to reflect just compensation for road traffic accident injuries.
Court held that absence of documentary evidence for income necessitates using notional income, whereas the insurer's liability persists despite challenges to the driver's license.
Compensation for injuries must be just and reasonable, with assessments based on evidence of income and disability, not mere assertions.
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 compensation for death in a motor vehicle accident must reflect the deceased's actual income and consider future prospects, leading to a total compensation of Rs.9,91,200.
The court emphasized the need for fair compensation based on actual income and severity of injuries, enhancing the total compensation to Rs.21,93,000.
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