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AMAR NATH (KESHARWANI)
Somti Bai D/o Santosh Kol – Appellant
Versus
Chhablal @ Chhabilal Patel S/O Gopal Patel – Respondent
ORDER :
Heard on I.A.No.5989/2023 application for deleting name of respondents No.1 and 2 from the memo of appeal as both have expired.
Learned counsel for respondent No.3 has no objection.
After due consideration, I.A.No.5989/2023 is allowed at the risk and cost of the appellant and it is directed that the word ‘Dead’/*e`r* be written next to the name of respondents No.1 and 2 in the cause-title.
Let the correction be carried out by the appellant during course of the day.
Accordingly, I.A.No.5989/2023 is disposed of.
Also Heard on I.A.No.15911/2021 application for condonation of delay of 196 days in filing the appeal.
Considering the averments mentioned in the application which is supported by affidavit I.A.No.15911/2021 is allowed and delay in filing of the appeal is hereby condoned.
Accordingly, I.A.No.15911/2021 is disposed of.
Heard on the admission.
Admit.
With the consent of parties, heard final arguments.
The appellant/claimant has filed this Appeal under Section 173(1) of the Motor Vehicles Act, 1988 for enhancement of the compensation amount being aggrieved with the award dated 25.01.2021 passed by Motor Accident Claims Tribunal, Sehora District Jabalpur in Claim Case No.85/2018, by
Compensation for minors in motor vehicle accidents must consider future prospects and non-pecuniary damages, not just structured formulas.
The central legal point established in the judgment is the assessment of compensation for loss of future earnings based on the impact of permanent disability on earning capacity, and the application ....
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
Compensation for injuries must be based on evidence of actual income loss and the impact of disabilities on earning capacity.
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....
Compensation in motor vehicle accidents must fully restore claimants' financial status, considering future medical expenses and loss of earning capacity, as per established legal precedents.
The court established that compensation for personal injuries must reflect actual income loss and consider the impact of permanent disability on earning capacity.
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