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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANDEEP PANNU
Magma Hdi General Insurance Company – Appellant
Versus
Anup Singh – Respondent
JUDGMENT :
Mandeep Pannu, J.
1. This appeal has been filed by the Insurance Company Limited against the award dated 04.02.2016 passed by the Motor Accident Claims Tribunal, Hisar (hereinafter referred to as 'Tribunal'), whereby a sum of Rs.14,70,000 along with interest at the rate of 7% per annum was awarded in favour of the claimant-Anup, on account of permanent disability due to amputation of his left leg near knee, who has filed cross objection No.249-01-2016 for enhancement of the compensation.
2. Since there is no dispute with regard to the facts of the case, as recorded in the impugned award passed by the Tribunal, the same are not being reproduced herein for the sake of brevity.
3. The accident in question took place on 05.01.2014 at about 7:00 am and the claimant was 24 years old at the relevant time. The Tribunal assessed the compensation as under:-
Sr.No. | Head | Amount awarded |
1. | Medical Expenses | 96,899/- |
2. | Attendant charges for three months @ 2000/- per month | 6,000/- |
3. | Pain and suffering including hospitalization for 5 days | 30,000/- |
4. | Pain and suffering of undergoing one operation | 10,000/- |
5. | Permanent disability | 12,96,000/- |
6. | Loss of marriage prospects & other amenities of life | 25,000/- |
7. | Tran | |
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.
The main legal point established in the judgment is the requirement for just and realistic compensation under the Motor Vehicles Act, considering the impact of permanent disability on the claimant's ....
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
Permanent disability assessments must align with medical evaluations, and compensation should reflect future loss of earnings due to such disabilities.
Compensation calculations for permanent disability must accurately reflect functional loss and future earning capacity, avoiding mechanical application of disability percentages and ensuring just com....
Permanent disability must be accurately assessed based on medical evidence, and compensation should reflect loss of future prospects.
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.
Court emphasized the need for compensation to reflect permanent disability and loss of earning capacity, enhancing the award to ensure justice.
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