Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Bikram Singh S/o Late Shyam Sundar Singh – Appellant
Versus
United India Insurance Company Limited – Respondent
| Table of Content |
|---|
| 1. compensation awarded for permanent disability. (Para 3 , 5) |
| 2. arguments regarding future earning and prospects. (Para 4 , 6 , 7) |
| 3. legal precedents dictate the need for comprehensive compensation. (Para 10 , 14) |
| 4. future earnings loss requires proper evaluation. (Para 11 , 12 , 13) |
| 5. calculation of modified compensation amount. (Para 15 , 16 , 17) |
| 6. conclusion and disposal of the appeal. (Para 18) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. S.K. Laik, learned counsel appearing for the appellant and Mr. Alok Lal, learned counsel appearing for the respondent No. 1-insurance company.
2. Notice upon respondent No. 2 has been validly served and he has not appeared and on 10.02.2025 with a view to provide one more opportunity to the respondent No. 2, the matter was adjourned. Today on repeated calls, nobody has responded on behalf of respondent No. 2, in view of that this appeal is being heard in absence of respondent No. 2.
3. This appeal is preferred against the judgment/award dated 27.01.2023, passed in Motor Accident Claim Case No. 17 of 2018, by the learned Principal District-Judge-I-cum-P.O. Motor Accident Claims Tribunal, Dhanbad, whereby, award has been made in
The court affirmed that future earning loss and prospects must be included in compensation calculations, emphasizing just compensation's need for a liberal approach.
Motor Vehicles Act only provides for award of interest and not its rate.
Claimants suffering permanent disability in motor vehicle accidents are entitled to compensation for loss of future prospects, as established in relevant case law.
A self employed person between the age group of 40-50 years is entitled to 25% more as future prospects.
Compensation in motor vehicle accidents must fully restore claimants' financial status, considering future medical expenses and loss of earning capacity, as per established legal precedents.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
Compensation for injuries must be just and reasonable, with assessments based on evidence of income and disability, not mere assertions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
