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SANJAY VASHISTH
Dinesh Kumar – Appellant
Versus
Avdesh Kumar – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
By this common order, two appeals i.e., FAO-5298-2013 and FAO-4749-2014 shall be disposed of together as the present two appeals arise out of a common MACT award dated 06.08.2013 in MACT Case No. 131 of 2011 dated 08.11.2011 passed by Ld. Motor Accidents Claims Tribunal, Kurukshetra (hereinafter referred to as Ld. Tribunal). FAO-5298- 2013 has been filed by the Oriental Insurance Company Limited, Kurukshetra against the MACT award, while FAO-4749-2014 has been filed by the claimant for modification of award/judgment dated 06.08.2013 passed by Ld. Tribunal for seeking enhancement of the amount of compensation, on account of suffering 100% of permanent disability by injured/victim/appellant in a motor vehicular accident. For the sake of convenience and brevity, facts extracted from FAO-5298-2013 are detailed hereafter.
2. Briefly stated facts of the case are that on the night of 10th August 2011, Dinesh Kumar along with his brothers and others, was travelling from Kurukshetra to Saharanpur in a Jeep registered as HR-99HV (TP)-5347. The vehicle, driven by Respondent No. 4 - Rakam Singh, collided with a parked truck registered as HR-46D-4414. The c
Compensation for accident victims must be just and equitable, reflecting long-term impacts, including future medical needs and pain; under-compensation in previous awards is impermissible under statu....
The court affirmed that compensation under the Motor Vehicles Act must be just and fair, considering the severity of injuries and the claimant's permanent disability.
The judgment establishes that compensation for personal injury must reflect actual income, future prospects, and the extent of disability, ensuring just compensation under the Motor Vehicles Act.
Compensation for personal injuries must be just and reasonable, reflecting the severity of the injuries and future loss of earnings, with adherence to established legal principles.
Compensation calculations for permanent disability must accurately reflect functional loss and future earning capacity, avoiding mechanical application of disability percentages and ensuring just com....
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
Compensation for permanent disability must account for future prospects, necessity of lifelong care, and be based on minimum wage standards.
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