J. J. MUNIR
Oriental Insurance Co. Ltd. – Appellant
Versus
Lokesh alias Lovesh – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This judgment will dispose of First Appeal From Order No. 357 of 2001 and Cross Objection No. 70 of 2022.
2. The aforesaid appeal and the cross objection arise out of the impugned judgment and award dated 20.02.2001, passed by the Motor Accident Claims Tribunal/XIII Additional District Judge, Ghaziabad rendered in MACP No. 699 of 1998.
3. The facts giving rise to this appeal are these:
National Insurance Co. Ltd. vs. Pranay Sethi
Raj Kumar vs. Ajay Kumar and Another
Smt. Sarla Devi and Others vs. Delhi Transport Corporation and Another
The court established that the assessment of compensation must reflect the claimant's actual earning capacity and the impact of permanent disability on future earnings, applying the correct multiplie....
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
The main legal point established in the judgment is the assessment of compensation in injury cases, considering factors such as permanent disability, loss of future earnings, pain and sufferings, and....
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