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DEEPAK KUMAR AGARWAL
New India Assurance Co. Ltd. – Appellant
Versus
Pawan Samadhia – Respondent
ORDER
1. This order shall govern the disposal of both the Misc. Appeals (Misc. Appeals No.83/2021 & 714/2021).
2. Brief facts of the case are that on 10.5.2013 when the claimant was going towards Balaji Dham Temple on his motorcycle, driver of the Bus No.MP33 P 0886 Shyambabu Sharma by driving the bus rashly and negligently dashed the motorcycle, due to which claimant got injured. His right leg was amputated. As per the claimant, he was running a travel agency and also doing some work of RTO office. Due to accident, he has become invalid. He filed an application for compensation under section 166 of the Motor Vehicles Act and produced his evidence along with medical evidence and bills of treatment and estimate of artificial leg of Endolite India Ltd. of Rs.18,15,555/-. The offending vehicle was insured with New India Insurance Company Shivpuri. Driver of the offending vehicle was Shyambabu Sharma and its owner was Madan Shejwar. Before the Claims Tribunal, driver Shyambabu Sharma remained ex-parte and owner of the vehicle contested the case. After evidence learned Claims Tribunal partly allowed the application of the claimant Pawan Samadhiya and passed an award in his favour to the t
The main legal point established in the judgment is the application of principles related to compensation under the Motor Vehicles Act, 1988, including the assessment of disability, loss of income, a....
The importance of evidence in establishing negligence and assessing disability in motor accident compensation cases.
The assessment of compensation in motor vehicle accidents must consider not only the immediate injuries but also long-term rehabilitation needs, effectively restoring the injured party to their pre-a....
The Court held that the Tribunal did not err in awarding compensation of Rs. 20,32,800/- with interest at 9% per annum from the date of the petition, as the amount awarded was reasonable and in line ....
Minimum wage standards must be considered for calculating compensation in personal injury cases, especially when assessing future loss of income due to permanent disabilities.
Compensation for injuries must be based on actual loss of income and the impact of disability on earning capacity, not on arbitrary assessments.
In cases of permanent disability of a minor in motor accidents, compensation must be 'just' and 'reasonable,' accounting for life-long medical needs, future prospects, loss of amenities, and marriage....
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