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SANJAY VASHISTH
Dinesh Kumar – Appellant
Versus
Avdesh Kumar – Respondent
| Table of Content |
|---|
| 1. overview of the accident incident and claims. (Para 1 , 2 , 3) |
| 2. framing of issues for determination. (Para 4 , 5) |
| 3. negligence established regarding the parked truck. (Para 6 , 10) |
| 4. compensation calculations and award breakdown. (Para 7 , 8) |
| 5. arguments from insurance company and claimant regarding compensation amount. (Para 9 , 12 , 13) |
| 6. importance of established court precedents for compensation. (Para 14 , 16) |
| 7. detailed compensation breakdown by categories. (Para 18 , 19) |
| 8. final judgment, order, and appreciation of court staff. (Para 21 , 22 , 23 , 25 , 26) |
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 seekin
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.
For 100% permanent disability in motor accidents, functional disability matches medical assessment; notional income +40% future prospects with age-based multiplier; liberal non-pecuniary compensation....
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.
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