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SUKHVINDER KAUR
Bedi @ Ved Parkash – Appellant
Versus
Vikas Batra – Respondent
| Table of Content |
|---|
| 1. compensation awarded for injury due to accident. (Para 1 , 2 , 3) |
| 2. respondents contest the claim and dispute liability. (Para 4 , 5) |
| 3. tribunal miscalculated compensation for disability. (Para 7 , 10 , 18) |
| 4. functional disability affects loss of earning capacity. (Para 20 , 24) |
| 5. final compensation amount determined. (Para 25) |
JUDGMENT
Sukhvinder Kaur, J.
By way of this appeal, appellant/claimant seeks modification of award dated 04.07.2016 in MACT Case No.54 of 2015 vide which the Tribunal has granted a total compensation of Rs.3,96,040/- along with interest @ 9% per annum from the date of the filing of the claim petition till realization, on account of injuries sustained by him in the accident in the question.
2. The relevant facts are that on 17.01.2014, claimant Bedi @ Ved Parkash along with Mahender were going towards Aggarwal Palace, Village Jagdishpura, Ambala Road on a motorcycle bearing Registration No.HR-8H-0521, which was being driven by Mahender and claimant Bedi @ Ved Parkash was a pillion rider on the said motorcycle. At about 8.30 P.M., when they reached near Ekansh Motors Ambala Road, Kaithal, then a Tata Indica Car bearing registration No.HR-12-J/6
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
Court emphasized the necessity for awarding just compensation reflecting future loss of income due to disability, even if the victim retains employment.
The main legal point established in the judgment is the application of the Workman's Compensation Act, particularly Schedule-I part-2, to determine just compensation for permanent disability, loss of....
In motor accident claims, compensation must be just and reasonable. Appellate courts are empowered to re-evaluate compensation when the lower forum fails to correctly assess income, ignores future pr....
The main legal point established in the judgment is the need to assess loss of earning capacity and future medical expenses in cases of permanent disability to ensure just compensation.
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