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K. RAJASEKAR
Baskar – Appellant
Versus
B. Jaganathan – Respondent
JUDGMENT :
K.Rajasekar, J.
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the order dated 21.06.2022 made in M.C.O.P.No.7683 of 2018, on the file of MACT/IV-Small Causes Court at Chennai.
The claimant has come forward with this appeal seeking for enhancement of compensation awarded by Tribunal in M.C.O.P.No.7683 of 2018 dated 21.06.2022.
2. According to the claimant, he sustained various injuries in the road accident taken place on 26.10.2018 at about 7.40 p.m., at Thuraipakkam, opposite to Selva Vinayagar Koil, due to the negligent driving of the driver of the 1st respondent. For the injuries sustained, he had filed claim petition for compensation of Rs.14,30,000/- against the respondents 1 and 2 who are the owner and insurer of the offending vehicle.
3. The 1st respondent filed his counter disputing the manner in which the accident had taken place and also disputed the injuries alleged against his driver. The 2nd respondent/Insurance Company contested the claim disputing the manner in which the accident had taken place and also disputed the disability, injuries suffered by the petitioner and also disputed the compensation claimed by t
The court emphasized that compensation for injuries must comprehensively address all aspects, including loss of income during treatment, ensuring just and reasonable awards.
The main legal point established in the judgment is the court's authority to enhance compensation based on the nature of injuries, loss of earning power, and relevant legal provisions.
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 in the judgment is the determination and enhancement of compensation for injuries sustained in a motor vehicle accident based on the percentage of disability and the ....
The injured claimant's permanent disability and its impact on his future warranted enhanced compensation, and the court applied the principles from relevant case laws to modify the award of the Tribu....
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