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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Julias Marandi @ Yulias Marandi Son Of Late Nikulas Marandi – Appellant
Versus
Malti Devi Wife Of Raju Saw – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
Both these appeals have been preferred by the claimants who sustained permanent disability in the same accident which took place on 27.03.2009 when the claimants were travelling on vehicle bearing registration no.JH 11E 1315 regarding which Deori P.S. Case No.51/2009 was registered.
2. Appellant- Julias Marandi @ Yulias Marandi was awarded a compensation of Rs. 10,81,000/- with interest @ 9% per annum for amputation of left hand, resulting in permanent disability of 50%, taking monthly income of Rs.4500/- as skilled mason.
3. Appellant- Smt. Sunita Devi was awarded a total compensation of Rs.10,28,000/- with interest @ 9% per annum from the date of filing of claim application on account of permanent disability suffered in the same accident.
4. Claimants have preferred both these appeals for enhancement of compensation.
5. It is argued by the learned counsel on behalf of appellant- Julias Marandi that while computing compensation, the learned Tribunal has not considered the income with respect to future prospect of the disabled who lost his means of livelihood because of amputation of his hand. Further, under the head of pain and suffering, Rs.50,000/
Court emphasized the need to consider future earning capacity and just compensation for pain and suffering in personal injury claims.
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 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....
Court emphasized the necessity for awarding just compensation reflecting future loss of income due to disability, even if the victim retains employment.
The court established that permanent disability due to amputation warrants a 100% loss of earning capacity, justifying enhanced compensation.
Compensation calculations for permanent disability must accurately reflect functional loss and future earning capacity, avoiding mechanical application of disability percentages and ensuring just com....
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