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J. J. MUNIR
Reliance General Insurance Co. Ltd. – Appellant
Versus
Raghav Sharan – Respondent
JUDGMENT :
This appeal by the Insurance Company is directed against the judgment and award of the Motor Accident Claims Tribunal/ Additional District Judge, Court No.1, Banda dated 29.05.2017, allowing Motor Accident Claims Petition No. 39/70/2012. By the impugned judgment and award, a sum of Rs. 10 lakhs has been awarded by the Tribunal for the permanent disability sustained by the claimant-respondent in a motor accident.
2. Heard Mr. S.K. Mehrotra, learned Counsel for the appellant-Insurance Company and Mr. Ram Singh, learned Counsel appearing on behalf of claimant-respondent No.1. No one appears on behalf of the owner-respondent No. 2.
3. The facts giving rise to this appeal are that the claimant-respondent No. 1 (for short, ''the claimant') instituted the claim petition before the Tribunal giving rise to this appeal with a case that on 26.09.2011 at about half past five in the evening, he was proceeding on a bicycle from Village Ahila to his village. As soon as the claimant emerged from Village Ahila and moved on to the Banda-Baberu Road reaching the culvert, he met one Ram Ki
The assessment of compensation for disability must reflect both physical and functional impacts, ensuring fairness and reasonableness in determining just compensation.
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 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 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....
The main legal point established is that the assessment of compensation in motor accident cases should consider the impact of permanent disability on the claimant's earning capacity, and the percenta....
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