VIPIN CHANDRA DIXIT
Jai Prakash – Appellant
Versus
U. P. S. R. T. C. Thru Chairman – Respondent
JUDGMENT
Vipin Chandra Dixit, J.
Heard Sri. Raghav Arora, learned counsel for the appellant and Sri. S.K. Misra, learned counsel appearing on behalf of respondent nos.1 & 2. No one is present on behalf of respondent no. 3.
2. This FAFO has been filed by the appellant under Section 173 of Motor Vehicles Act for enhancement of compensation, against the judgment and award dated 23.9.2002 passed by the Additional District Judge/Motor Accident Claims Tribunal, Court No.3, Varanasi in MACP No. 1 of 1998 (Jai Prakash v. UPSRTC and others), by which compensation of Rs. 2,42,092.43 paisa alongwith 6% annual interest has been awarded in favour of claimant-appellant on account of injuries received by him in road accident on 6.10.1995.
3. It is submitted by learned counsel for the appellant that claimant-appellant was post Graduate in Indian History. The claimant-appellant had received grievous injuries in the accident and has become permanent disabled to the extent of 60%. The accident was occurred on account of rash and negligent driving of driver of bus owned by respondent UPSRTC. The claimant-appellant is well educated person and the Claims Tribunal has erred in accepting only Rs. 15000/- pe
The court reassessed compensation for a road accident victim, emphasizing the need for adequate consideration of educational qualifications and permanent disability in determining damages.
The court established that future prospects must be included in compensation calculations, adjusting the notional income and multiplier accordingly.
Compensation for injuries must be based on evidence of actual income loss and the impact of disabilities on earning capacity.
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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....
Point of law: occupation and determination of assessment of loss of income due to the permanent disability suffered by the injured in the road transport accident, when the claimant has suffered perma....
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