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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
National Insurance Co. Ltd., Kolkata – Appellant
Versus
Bighnaraj Panda – Respondent
JUDGMENT :
G.Satapathy, J.
1. The appellants-representing the Insurance Company (in short, the “Insurer”) are in an appeal U/S.173 of the Motor Vehicles Act, 1988 (in short, “the Act”) to challenge the quantum of compensation as awarded to the Respondent No.1(R1)-cum-claimant by the impugned judgment dated 28.03.2024 passed by the learned 3rd MACT, Bhubaneswar (in short, the “learned Tribunal”) in MAC Case No.204 of 2016 directing the appellant No.2, who was OP No.2 in the original MAC Case to pay a sum of Rs.23,14,392/- together with simple interest @ 6% per annum w.e.f the date of filing of claim application till actual realization of the amount to the claimant-petitioner in the aforesaid MAC case.
2. Bereft of unnecessary details, the accident which gives to the present appeal took place on 22.06.2015 when R-1 namely Bighnaraj Panda, an advocate by profession (hereinafter referred to as “the claimant”) was coming from Cuttack on NH-5 by riding his Motor Cycle, he was dashed from behind by a Truck bearing Regd. No. OR-21-8813 (hereinafter referred to as “the offending vehicle”) near Bank of India, Rasulgarh Branch, Bhubaneswar as a result the claimant sustained serious injuries and
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 assessment of future earning capacity must consider the nature of disability relative to the claimant's profession, not merely the percentage of physical disability.
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 main legal point established in the judgment is the determination of 'just compensation' for personal injuries under Section 168 of the Motor Vehicles Act, 1988, considering pecuniary and non-pec....
The court clarified that accurate assessment of medical evidence regarding disability is critical for determining just compensation in motor accident claims, emphasizing a higher level of disability ....
The court emphasized the need to ascertain the effect and impact of permanent disability on the claimant's earning capacity and highlighted the importance of following the principles enunciated by th....
The court established that permanent disability due to amputation warrants a 100% loss of earning capacity, justifying enhanced compensation.
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
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