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K. GOVINDARAJAN THILAKAVADI
Branch Manager, Reliance General Ins. Co. Ltd, Tiruppur – Appellant
Versus
G. Karuppusamy – Respondent
JUDGMENT :
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgement and Decree dated 30th June 2020 passed in M.C.O.P.No.1641 of 2017 by the Hon'ble Motor Accident Claims Tribunal, Spl., District Court at Tiruppur.)
1. This appeal has been preferred against the judgement and decree in M.CO.P.No. 1641 of 2017 dated 30.06.2020 on the file of the Motor Accident Claims Tribunal (The Principal District Sessions Judge, Tirupur).
For the sake of convenience, the parties are referred as described before the Tribunal.
2. Briefly stated, on 28.11.2016 at about 14 hrs., the petitioner was riding his motor cycle bearing registration No.TN 38 AK 2253 from east to west in Naduvacherry to Cheyyur near Murugan Thottam Avinasi. At that time a vehicle bearing registration No.TN 39 BJ 6033 TATA ACE driven by its driver cum owner in a rash and negligent manner without adhering the traffic rules and regulations dashed against the petitioner.
3. Due to the said accident the petitioner sustained grievous fracture injuries on his left Patella, left intertrochant eric and mid third shaft of femur & left clavicle. Immediately the claimant was taken to the
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.
The main legal point established is that the assessment of compensation in motor accident cases should consider the impact of permanent disability on the claimant's earning capacity, and the percenta....
The main legal point established in the judgment is the assessment of compensation for permanent disability under the Motor Vehicles Act, considering the impact on the claimant's earning capacity and....
The main legal point established in the judgment is the assessment of compensation in injury cases, considering factors such as permanent disability, loss of future earnings, pain and sufferings, and....
Permanent disability must be assessed concerning its actual impact on earning capacity, rather than a mechanical application of percentages.
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