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MEENAKSHI MADAN RAI
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Amrit Kumar Manger – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The three grounds agitated in this Appeal are;
(i) That, the rate of interest placed at 9% on the Award, by the Learned Motor Accidents Claims Tribunal, Gangtok (hereinafter, the 'Learned Claims Tribunal') is exorbitant and ought to be decreased;
(ii) That, Rs. 13,00,000/- (Rupees thirteen lakhs) only, awarded under the 'other heads' has no basis and ought to be reduced; and
(iii) That, the disability certificate of the victim indicates that he suffered a 90% disability but the Learned Claims Tribunal considered it to be 100% disability while computing the compensation. Hence, the compensation awarded to the Claimant/Respondent No.1 is required to be reduced.
2. Elaborating on the grounds raised hereinabove, Learned Counsel for the Appellant contended that interest @ 9% imposed by the Learned Claims Tribunal on the awarded amount is not in conformity with the interest rates of various Banks prevailing during the period of the accident. While relying on Dharampal and Others vs. U.P. State Road Transport Corporation, (2008) 12 SCC 208, it was canvassed that the Supreme Court has held therein that the interest to be awarded is normally dependent upon the
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
The assessment of disability must adequately reflect the impact on earning capacity, necessitating appropriate multipliers and comprehensive evaluations of pain and suffering in compensation claims.
Permanent disability caused in road accident – By arithmetical calculation, it cannot be decided what may be exact amount of money which would represent pain and suffering to a person, but as per rec....
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....
(1) Grievous injuries suffered in motor accident – Taking notional income is not the correct approach to award compensation – Instead, minimum wages payable to a skilled workman in concerned State ha....
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.
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