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DUPPALA VENKATA RAMANA
Amit Pathak @ lucky S/o Vijay Pathak – Appellant
Versus
Ramsiya S/o Babadeen Kushwaha – Respondent
JUDGMENT :
Duppala Venkata Ramana, J.
This appeal has been preferred against the judgment and award dated 28.01.2016 passed by the Additional Member, Motor Accident Claims Tribunal (hereinafter referred to as “the MACT”), Katni in MACC No.152/2012 filed by the appellant -Amit Pathak @ Lucky for enhancement of the quantum of compensation.
2. For the sake of convenience, the parties are referred to as they arrayed before the Motor Accident Claims Tribunal (in short “MACT”).
3. Brief facts as culled out from the record are that on 25.05.2012 at about 05:30 pm, the appellant Amit @ Lucky alongwith his friend Sunil Barman (pillion rider) were proceeding to Kymore from Katni on their motor cycle bearing No.MP-21-MC-0107, when they were reached near Chaka village, the offending vehicle/truck bearing No.MP-17-HH-2088 coming from opposite direction(wrong side) in rash and negligent driven by its driver (respondent no.1) and dashed against the motor cycle, due to which, the appellant sustained severe injuries over head, both hands, leg and chest. He was taken to MGM Hospital, Katni for treatment. During his treatment, three fractures found over his head, five fractures in the tibia bone of right
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.
The court established that compensation must reflect actual loss and suffering, emphasizing the need for just compensation in personal injury cases.
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.
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 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....
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....
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