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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Ashok Kumar Pradhan – Appellant
Versus
Manakshya Stone Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. accident details and claim initiation. (Para 1 , 2) |
| 2. evidence presented and tribunal's ruling. (Para 3) |
| 3. arguments on compensation adequacy. (Para 4 , 5) |
| 4. tribunal's compensation calculation analysis. (Para 6 , 7) |
| 5. final directive on compensation. (Para 8) |
JUDGMENT:
G. Satapathy, J.
1. In these two appeals U/S. 173(1) of the Motors Vehicle Act, 1988 ( in short, the “Act”), the same judgment dated 14.03.2023 passed by the learned 4th Motor Accidents Claims Tribunal, Cuttack (in short, “the Tribunal”) in MAC Case No.107 of 2019 has been assailed.
By the impugned judgment, the learned tribunal has directed the National Insurance Company Ltd. (In short “the insurer”) to pay Rs. 5,46,162/- to one Ashok Kumar Pradhan (In short “the claimant”) together with simple interest @ 6 % per annum w.e.f 01.02.2019 till its realization for the injury sustained by him in a Motor Vehicular Accident.
2. Briefly stated, the claimant unfortunately met with a Motor vehicular accident on 04.01.2019 at about 11:15 AM when the Hywa Truck bearing Registration No. OD-02-AM-4544 (hereinafter referred to as “the offending vehicle”) dashed the claimant from backside at Malipada Square, when the
Proper assessment of compensation must consider actual expenses incurred, loss of amenities, and pain suffered, ensuring no double counting occurs.
The court determined that the insurance company is liable for compensation due to reckless driving by the offending vehicle, and recalibrated the amount based on findings of total disability and nece....
The assessment of compensation in motor accident claims must consider actual medical expenses and ensure just compensation, reflecting the claimant's losses and suffering.
The court held that the Claims Tribunal's compensation assessment was inadequate, leading to an enhancement of the total compensation to Rs.1,84,000/- for injuries sustained in a motor vehicle accide....
Compensation for temporary disability must be based on concrete evidence, and standard methods of calculating damages, such as future prospects and multiplier, are not applicable in such cases.
There is no such medical evidence that due to injury sustained by claimant he was prevented from doing his business or there is any loss of his future prospect.
The court affirmed that compensation for loss of life must adhere to statutory provisions, ensuring that penalties for late payment are not imposed contrary to law.
The Court's decision was based on the compromise reached by the parties, highlighting the significance of mutual agreement in settling legal disputes.
The court emphasized the necessity of just and reasonable compensation in injury cases, enhancing the awarded amount based on established negligence and medical expenses.
Court emphasized the necessity to accurately assess compensation by considering actual expenses and fair income potential of the injured claimant.
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