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KRISHNAN RAMASAMY
New India Assurance Co. Ltd. ,Salem – Appellant
Versus
K. Subramani – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment dated 03.09.2019 made in M.C.O.P.No.469 of 2018 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Erode.)
1. This Civil Miscellaneous Appeal is filed to set aside the decree and judgment dated 03.09.2019 made in M.C.O.P.No.469 of 2018 on the file of the Motor Accident Claims Tribunal (Special Sub Court), Erode.
2. The learned counsel appearing for the appellant would submit that he is merely challenging with regard to the compensation awarded towards the permanent disability. Further, he would contend that due to the accident occurred on 07.06.2018, the claimant, who was a lorry driver, was injured and the disability was assessed by Doctor at 61%. The Court below had held that he cannot drive in future and had taken the entire disability of 61% as functional disability and awarded a sum of Rs.17,57,000/- for loss of earning power. However, it appears that the had renewed his driving license recently and the Transport Depart
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 assessment of disability and determination of compensation should consider the multiplier method and relevant Supreme Court judgments.
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.
The main legal point established in the judgment is the application of principles for assessing loss of future earning capacity and determining compensation under the Motor Vehicles Act, 1988, based ....
Nature of injuries sustained by the first respondent/claimant has not been disputed by the Appellant Insurance company.
The court has the authority to enhance compensation if it deems the awarded amount to be meagre.
The court has the authority to enhance compensation if it deems the awarded amount to be meager and can direct the Insurance Company to deposit the determined amount with accrued interest to the cred....
The main legal point established is the application of the multiplier method and consideration of the claimant's occupation and permanent disability to assess and enhance the compensation.
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