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THE HIGH COURT OF SIKKIM : GANGTOK
| Table of Content |
|---|
| 1. compensation computation context. (Para 1 , 5) |
| 2. contentions regarding compensation amounts. (Para 2 , 3) |
| 3. judicial reasoning on disability assessment. (Para 4 , 6) |
| 4. comparison of compensation awarded. (Para 7 , 8) |
| 5. directive for compensation disbursement. (Para 9 , 10) |
| 6. final order disposition of appeal. (Para 11 , 12 , 13) |
JUDGMENT :
Meenakshi Madan Rai, J.
1. The challenge in the instant Appeal is to the computation of compensation, arrived at by the Learned Motor Accidents Claims Tribunal, Gangtok, Sikkim (hereinafter, the “MACT”), in MACT Case No.11 of 2024 (Nikhil Subba and Others vs. The Branch Manager, ICICI Lombard General Insurance Company and Others), vide Judgment dated 26-12-2024.
2. Learned Counsel for the Appellants put forth the contention that the Appellant No.1 had suffered 90% locomotor permanent disability as duly established by Exbt-29 (collectively), Disability Certificate of the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India, issued by the Medical Authority, East District, Sikkim. The document specified that the Appellant had been in a road traffic accident and was the
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.
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....
Compensation in motor accident claims must be calculated precisely based on proven income, with non-pecuniary damages for disability and life-long recurring costs, such as attendant charges, determin....
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....
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