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V. M. VELUMANI, S. SOUNTHAR
United India Insurance Company Ltd. , Namakkal – Appellant
Versus
Vignesh, rep. by his father Ravi – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 01.06.2017 made in M.C.O.P.No.400 of 2014 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Namakkal.)
S. Sounthar, J.
1. Aggrieved by quantum of compensation awarded to the 1st respondent /claimant in MCOP.No.400 of 2014 on the file of the Motor Accident Claims Tribunal (the Learned Additional District Judge, Namakkal), dated 01.06.2017, insurer of the offending vehicle owned by 2nd respondent has filed this appeal.
2. The 1st respondent represented by his father Ravi filed Motor Accident Claims Petition in MCOP.No.400 of 2014 on the file of the Learned Additional District, Judge, Namakkal, seeking compensation for the injury suffered by him in a road accident that occurred on 03.12.2013. According to him on that fateful day, he was riding a two wheeler bearing registration No.TN.28 AB 8001 on the left side of the road from South to North and Hero Honda Splendor Bike bearing registration No.TN 28 AE 2625 owned by 2nd
Admissibility of additional evidence, assessment of disability, and calculation of compensation.
The main legal point established in the judgment is the assessment of compensation for motor accident injuries based on the Medical Board's assessment and relevant legal principles.
The court emphasized that compensation for personal injuries must reflect the severity of the injuries and the claimant's permanent disability, modifying the award to ensure just compensation.
The assessment of permanent disability must be based on credible medical evidence to ensure just compensation for loss of earning capacity.
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The court emphasized the need for accurate evidence in compensation claims, reducing excessive amounts awarded and confirming liability of the insurer based on negligence established through testimon....
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