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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Mohd. Zahir – Appellant
Versus
Chairman U.P.S.R.T.C. Lucknow Thru A.R.M. – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. FAFO. No. 1698 of 2008 has been preferred under Section 173 of the Motor Vehicles Act, 1988 by the owner-UPSRTC of the offending Bus No.UP-21L-0405 against the impugned judgment and award dated 17.03.2008 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Meerut in Motor Accident Claim Petition No. 682 of 2004 (Mohd. Zaheer vs. UPSRTC), whereby, for the injuries suffered by the claimant in a road accident that occurred on 18.12.2003, a compensation of Rs. 1,98,600/- along with interest at the rate of 6% per annum has been awarded to the claimant, which has been ordered to be indemnified by the owner-UPSRTC of the offending Bus No.UP-21L-0405.
2. FAFO No. 2491 of 2019 has also been preferred by the claimant under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation, against the impugned judgment and award dated 17.03.2008 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.7, Meerut in Motor Accident Claim Petition No. 682 of 2004 (Mohd. Zaheer vs. UPSRTC), whereby, for the injuries suffered by the claimant in a road accident that occurred on 18.12.2003, a compensation of
The court determined that negligence in a motor accident lay solely with the bus driver, and the claimant was entitled to enhanced compensation for permanent disability and future prospects, alongsid....
Compensation calculations for permanent disability must accurately reflect functional loss and future earning capacity, avoiding mechanical application of disability percentages and ensuring just com....
Compensation for permanent disability must reflect the actual impact on earning capacity and consider the claimant's socio-economic background.
The court established that compensation for permanent disability must account for loss of future earnings and amenities, emphasizing the need for just compensation reflecting the claimant's suffering....
Compensation for permanent disability must account for future prospects, necessity of lifelong care, and be based on minimum wage standards.
The court established that compensation for permanent disability must reflect its actual impact on the claimant's earning capacity, not merely the percentage of disability.
The court can award compensation exceeding the original claim in motor vehicle accident cases, emphasizing the necessity for assessing disability based on the claimant's specific occupational role an....
The court held that negligence was proven against the bus driver and reassessed the claimant's functional disability to 85%, leading to modified compensation of Rs.49,83,440.
The court established that in motor accident claims, the burden of proof is on the claimant to show negligence based on a preponderance of probabilities, and delays in FIR filing do not automatically....
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