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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Manager, Legal (T.P. Claim), Cholomandalam, M/S. General Insurance Co. Ltd. Khordha – Appellant
Versus
Priyadarshi Das – Respondent
JUDGMENT :
G. Satapathy, J.
1. These two appeals U/S. 173(1) of Motor Vehicles Act, 1988(in short “the Act”) ; one by insurance Company (in short the “insurer”) in MACA No.26 of 2023 and other by claimant in MACA No.27 of 2023 challenge the quantum of compensation as awarded by the impugned judgment dated 19.09.2022 passed in M.A.C. No. 85 of 2017 by which the learned 7th Motor Accident Claims Tribunal, Bhubaneswar (hereinafter referred to as “the Tribunal”) awarded compensation of Rs.1,12,71,231/- (Rupees One Crore Twelve Lakhs Seventy One Thousand Two Hundred Thirty One) together with Simple Interest of 6% per annum to the claimant for the injuries and loss sustained by him in a motor vehicular accident and directed the insurance company to satisfy the award.
2. Bereft unnecessary details, the appeals arise out of an accident which took place on 24.11.2016 at about 12 Noon when one Priyadarshi Das, a “C” class contractor by profession (claimant) coming from his village Nayagarh by riding his bullet motorcycle was dashed from the front by the truck bearing Regd. No. OD-25-5655(hereinafter referred to as “the offending vehicle”) near Khelapada Lord Shiva Temple as a result, the claima
The assessment of future earning capacity must consider the nature of disability relative to the claimant's profession, not merely the percentage of physical disability.
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.
The court established that the assessment of compensation must reflect the claimant's actual earning capacity and the impact of permanent disability on future earnings, applying the correct multiplie....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
Permanent disability assessments should reflect a claimant's actual earning capacity and modifications in damage awards must be proportionate to the severity of injuries.
Compensation for injuries must be just and reasonable, with assessments based on evidence of income and disability, not mere assertions.
Point of law : Compensation - Tribunal should adopt equitable principles and reasonable approach for determination of just compensation.
The main legal point established is the assessment of compensation for motor accident injuries, considering medical expenses, loss of earnings, and disability percentage.
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