Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Anchal Jai – Appellant
Versus
Sahkari Ganna Union – Respondent
GUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation has been preferred by the claimant against the impugned judgment and award dated 13.11.2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, E.C. Act Meerut in MACP No. 642 of 2009 (Km. Anchal Jain vs. Sahkari Ganna Union Mawana,Meerut and others), whereby, for the injuries sustained by the claimant in a road accident which occurred on 29.12.2008, a compensation of Rs. 10,83,950/- along with interest at the rate of 7% per annum has been awarded to the claimant, which has been ordered to beindemnified by the insurer of the offending Bolero No.UP15-AF-3348.
2. Since there is no cross appeal by the owner, driver and the insurer of the offending vehicle as such, the factum of accident and negligence ofthe offending driver is not disputed by the respondents.
3. Learned counsel for the appellant-claimant submitted that the claimant was travelling as a pillion rider on Scooty No.UP-15-AF-4501 at the time of the accident and was returning home from her school i.e. Sofia Girls School, Meerut then the scooty was hit by the offending Bolero N
Compensation for permanent disability must account for future prospects, necessity of lifelong care, and be based on minimum wage standards.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
Compensation calculations for permanent disability must accurately reflect functional loss and future earning capacity, avoiding mechanical application of disability percentages and ensuring just com....
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 court established that compensation for personal injuries must reflect actual income loss and consider the impact of permanent disability on earning capacity.
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....
The main legal point established in the judgment is the correct assessment of disability and future prospects, and the award of compensation for various heads of damages and expenses under the Motor ....
The judgment establishes that compensation for personal injury must reflect actual income, future prospects, and the extent of disability, ensuring just compensation under the Motor Vehicles Act.
The court affirmed that in cases of permanent disability resulting from motor accidents, claimants are entitled to compensation that includes future loss of income and prospects, ensuring that the aw....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
