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HIMANSHU JOSHI
Mukesh Gakkhar – Appellant
Versus
Laxminarayan Sahu – Respondent
ORDER :
1. Since the issue involved and award impugned in all these four appeals is common, therefore, these appeals are being decided by this common order.
2. These four appeals have been filed challenging the common award dated 31.7.2013 passed by the VIth Additional Motor Accident Claims Tribunal, Bhopal, in MCC Nos.2659 and 2660 of 2010 whereby the learned Tribunal has awarded compensation to the tune of Rs.40,51,840/- to the claimants in respect of death of Vinita Gakkhar and compensation of Rs.55,700/- in respect of injury sustained by claimant-Mukesh Gakkhar.
3. M.A. Nos.3319 and 3320 of 2013 have been preferred by the claimants seeking enhancement of compensation whereas other two appeals bearing M.A. Nos.3472 and 3475 of 2013 have been filed by the insurance company upon whom the liability to pay compensation has been fixed by the Tribunal, and by way of filing the appeals, the insurance company is praying for setting aside the impugned award.
4. Facts of the case in brief are that on 12.7.2010, when in the evening, the claimant Mukesh Gakkhar along with his wife Vinita Gakkhar (deceased) was going on motorbike bearing registration No.MP -05-MF-0540 and in the midway, they
The court determined the necessity for the Tribunal to reassess compensation regarding disability and future income potential, ensuring all evidence is considered accurately.
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
The court ruled that future earning potential must be considered when assessing compensation for injured claimants, particularly students, and emphasized the need for adequate compensation for pain a....
Court affirmed that insurance companies failed to establish claimant's contributory negligence, leading to enhanced compensation for his severe injuries in a vehicle accident.
The judgment establishes that compensation for personal injury must reflect actual income, future prospects, and the extent of disability, ensuring just compensation under the Motor Vehicles Act.
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