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DUPPALA VENKATA RAMANA
Nikita Raghuwanshi D/o Kiran Singh Raghuwanshi – Appellant
Versus
Amzed Shah S/o Rustam Shah – Respondent
JUDGMENT :
DUPPALA VENKATA RAMANA, J.
1. This appeal from the order has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to “Act 1988”) by appellant-Nikita Raghuvanshi being aggrieved by judgment and award dated 14.02.2022 passed by VIIth Additional Motor Accident Claims Tribunal (hereinafter referred to as “Tribunal”), Bhopal in Claim Petition No. 1690/2019 awarding a sum of Rs. 2,29,526/- with interest of 6% per annum to the injured from the date of application till the date of payment against the respondent nos.1 to 3 jointly and severally.
2. For the sake of convenience, the parties are referred to as they were arrayed before the Motor Accident Claims Tribunal (in short “MACT”).
3. The brief facts are that the claim petition was filed with the averments that on 27.01.2019 at about 8:00 pm, when the injured was eating Nodules or Chowmean near Baba Nagar Sanchi Point at that time a Car bearing No. MP-04 TA-8672 came from Bansal Hospital driven by its driver in rash and negligent manner and hit the injured/claimant, due to which, she sustained serious injuries and immediately she was shifted to the Bhopal Fracture Hospital, admitted for treatment. The
The court established that compensation must reflect actual loss and suffering, emphasizing the need for just compensation in personal injury cases.
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.
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 reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
The compensation awarded by the Tribunal was inadequate and needed to be enhanced as the Tribunal failed to consider compensation on some of the conventional heads and committed an illegality in awar....
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.
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
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