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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Divisional Manager, New India Assurance Company Ltd. – Appellant
Versus
Pankaj Kumar son of Tarkeshwar Prasad Agarwal – Respondent
| Table of Content |
|---|
| 1. judgment on compensation award validity (Para 1) |
| 2. dispute regarding validity of driving license (Para 2 , 4) |
| 3. claimant's age and circumstances (Para 5 , 6) |
| 4. arguments on compensation assessment (Para 7 , 8) |
| 5. court's evaluation of disability impact (Para 9 , 10) |
| 6. assessment of additional compensation (Para 11) |
| 7. final order on compensation adjustment (Para 12) |
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
Insurance Company is in appeal against the judgment and award of compensation in Compensation Case No.187 of 2010 whereby and whereunder a compensation of Rs.5,05,530/- was awarded in favour of the claimant under Section 166 of the Motor Vehicle Act.
2. The appeal is mainly on the ground that the vehicle was being driven by the driver- Mahesh Munda, who was not having valid driving license at the time of accident, as neither driving license was produced before the Tribunal nor details thereof was given in the claim application.
3. In order to clear the mist of doubt regarding validity of driving license, a report was called for vide order dated 29.11.2022 from D.T.O., Ranchi which has been received vide letter no.636 dated 20.03.2025, wherein it has been stated that Ma
The determination of compensation in personal injury cases must consider notional income and its impact on future earning capacity, especially in cases of permanent disability resulting from the acci....
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.
The court emphasized just compensation principles in accident claims, modifying awards based on notional income and established precedents to ensure fairness to the claimants.
The court clarified the need for functional disability assessment in determining compensation, asserting that future earnings loss should reflect realistic income capabilities post-injury.
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 court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
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