Back
RMT. TEEKAA RAMAN
Iffco-Tokio General Insurance Company Limited, Madurai – Appellant
Versus
A. Bakrudeen Ali Ahamed – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under 173 of the Motor Vehicles Act against the judgmentr and decree made in M.C.O.P.No. 659 of 2016, dated 21.08.2020, on the file of the Motor Accidents Claims Tribunal(Special Sub-Court), Madurai.)
1. The Insurance Company is the appellant herein. The first respondent herein has filed M.C.O.P.No.659 of 2016 claiming compensation for the injury sustained by him in the Road Traffic Accident.
2. The factum of the accident, the manner of the accident and the negligence on the part of the driver of the first respondent/second respondent vehicle are not disputed. Hence the finding rendered by the Tribunal in respect of the same, stands confirmed.
3. The learned counsel for the appellant/Insurance Company would contend that while the Doctor, who had examined the injured had issued Ex.X1- Disability Certificate assessing the disability at 80%. The Tribunal has awarded functional disabililty at 90%. Further, in the absence of evidence, to say that the injured was permanently employed in a Tamil Journal, has erred in fixing the salary at Rs.9,000/-p.m and also draw my attention to Ex.P10- Letter showing the salary of the injured, which is iss
The main legal point established in the judgment is the assessment of functional disability, consideration of future prospects, and the application of the multiplier '16' based on the age of the inju....
The court has the authority to modify the compensation awarded by the Tribunal based on the assessment of disability, loss of earning capacity, and other relevant factors.
Assessment of damages under the Motor Vehicles Act, 1988.
The court's decision was influenced by the assessment of disability, loss of income, and other compensation amounts based on medical evidence and treatment records.
The court has the authority to modify the compensation awarded by the Tribunal based on the evidence and nature of the injury suffered by the appellant.
The main legal point established is the determination of compensation for injuries under the Motor Vehicles Act, 1988, and the application of the multiplier 15' based on the petitioner's loss of inco....
Nature of injuries sustained by the first respondent/claimant has not been disputed by the Appellant Insurance company.
The assessment of permanent disability must be based on credible medical evidence to ensure just compensation for loss of earning capacity.
The assessment of disability and determination of compensation should consider the multiplier method and relevant Supreme Court judgments.
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
