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DUPPALA VENKATA RAMANA
Ramesh Sahu S/o Lala Ram Sahu – Appellant
Versus
Deepak Kumar Sahu S/o Mohit Lal Sahu – Respondent
JUDGMENT :
This appeal filed by the appellant under Section 173 of the Motor Vehicle Act, 1988 (for short “Act”) challenging the award dated 17.12.2021 delivered by the Member 5th Additional Accident Claims Tribunal, Mandla in MACC No.81/2021 granting an amount Rs.1,86,351/- along with @ 7.5 % per annum from the date of application till the payment to the appellant/claimant on account of injury sustained by him in road traffic accident against the respondents jointly and severally.
2. For the sake of convenience, the parties are referred to as they arrayed before the Motor Accident Claims Tribunal (in short “MACT”).
3. The two claim petitions nos.MACC 61/2021 and 81/2021 were tried jointly and the claims preferred were allowed. In this appeal is concerned with the claim petition preferred by the appellant/claimant against the award passed in MACC No.81/2021 dated 17.12.2021
4. The brief facts, necessary for adjudication of this case are that 35 years old Ramesh Sahu, the appellant herein was running an auto and also doing agriculture work and was earning Rs.15,000/- per month at the time of the accident. On 14.12.2020, the appellant/claimant along with Khemchand standing near courtyard
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
The court emphasized that compensation for personal injuries must reflect the severity of the injuries and the impact on the claimant's life, necessitating an enhancement of the initial award.
Compensation for personal injury must be just and reasonable, reflecting the claimant's suffering and loss, with the court emphasizing the inadequacy of the Tribunal's award.
The court established that compensation must reflect actual loss and suffering, emphasizing the need for just compensation in personal injury cases.
Compensation for personal injuries must be just and reasonable, reflecting the severity of the injuries and future loss of earnings, with adherence to established legal principles.
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
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....
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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