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United India Insurance Co. Ltd. – Appellant
Versus
Sanjay Dixit – Respondent
JUDGMENT :
1. This is an appeal by the Insurance Company, questioning the judgment and award of Mr. Gopal Kulshreshtha, the Additional District Judge, Court No.8/Motor Accident Claims Tribunal, Kanpur Nagar dated 16.09.2014, awarding compensation to the claimant-respondent for the injuries sustained by him in a motor accident.
2. Mr. Sanjay Dixit, along with his friend, Jawahar Lal, was proceeding on foot, according to rule of the road, on the left-hand-side from Ram Narayan Bazar to Phool Bagh, located in District Kanpur Nagar on 23.09.2013 at about half past eleven in the night hours. As the two had traversed a small distance beyond the Baba Sweet House, a Maruti Car bearing Registration No. UP 78 AB 7211, that is said to have been driven very fast and negligently by its driver, came up behind them and hit the two on the rear side. Both Sanjay Dixit and his friend sustained grievous injuries. The passers-by, that include one Kanhaiya Lal and another Anil Kumar, amongst many others, called alarm and made efforts to apprehend the offending vehicle. The driver, however, sped away
The percentage of physical disability does not directly correlate to the loss of earning capacity, and a proactive role by the Tribunal is necessary to assess the impact of permanent disability on th....
The assessment of compensation for disability must reflect both physical and functional impacts, ensuring fairness and reasonableness in determining just compensation.
The main legal point established in the judgment is the assessment of functional disability and future income loss to determine the compensation amount in motor accident claims.
The main legal point established in the judgment is the determination of just compensation for motor vehicle accident victims under the Motor Vehicles Act, 1988, considering income estimation, future....
The court emphasized the need to compensate the claimant not only for the physical injury but also for his inability to lead a full life and to earn as much as he used to earn or could have earned bu....
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