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ALKA SARIN
Manpreet Singh – Appellant
Versus
Suraj Bhan – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been preferred by the claimant-appellant against the impugned award dated 25.04.2013 passed by the Motor Accident Claims Tribunal, Sirsa (hereinafter referred to as ‘the Tribunal’) whereby an amount of Rs. 12,64,300/- was awarded as compensation to the claimant-appellant.
2. Brief facts relevant to the present lis are that on 10.05.2010 the claimant-appellant was coming from village Chormar to Sirsa on his motorcycle at a moderate speed and on the left side of the road. One Rakesh Kumar and Amritpal Singh were also coming behind on their motorcycle bearing registration No.PB-30-E-2602 and when they reached Jhopra Road, Lord Hanuman Temple, Meerpur Colony near the fields of one Jagdish, the offending vehicle bearing registration No.HR-21-F-0497 (Tata 407) came from Sirsa side at a very high speed and in a rash and negligent manner and struck the motorcycle of the claimant-appellant. As a result, the claimant-appellant fell on the road and sustained injuries on his person and thereafter the claimant-appellant was shifted to Government Hospital, Sirsa where he was referred to higher institution for better treatment and was brought to Sarvo
The court re-evaluated compensation for a motor accident, rejecting a finding of contributory negligence against the claimant and emphasizing the need for proper assessment of permanent disability an....
The extent of disability and loss of future prospects should be considered in determining compensation for personal injuries in motor accident claims.
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.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principle....
The court established that the proper deduction for a bachelor in compensation claims is 50%, and future prospects should be considered, leading to an enhanced compensation amount.
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