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HIGH COURT OF TRIPURA, AGARTALA
BISWAJIT PALIT
Jharna Rani Acharjee, W/o. Sri Kartik Acharjee – Appellant
Versus
Tapan Saha, S/o. Haridas Saha – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
This appeal under Section 173 of M.V. Act is preferred by the claimant-appellant for enhancement of the award dated 19.03.2024 delivered by Learned Member, Motor Accident Claims Tribunal No.2, Gomati District, Udaipur in connection with case No. TS(MAC) No.36 of 2020. The connected CO(FA) No.7 of 2024 is also preferred by the cross-objector-Insurance Company under Order 41 Rule 22 of CPC read with Section 151 of CPC against the appeal bearing No.MAC App. No.49 of 2024 filed by the respondent-claimant. Both the matters are taken up together for hearing and accordingly, by this judgment both the matters are disposed of.
2. Heard Learned Counsel, Mr. J. Majumder appearing on behalf of the claimant-appellant and also heard Learned Counsel, Mr. A. K. Deb appearing on behalf of the objector.
3. Before proceeding with the merit of the appeal, let us discuss about the subject matter of the claim petition for which this present appeal has arisen. The appellant as claimant filed one application under Section 166 of M.V. Act to the Learned Tribunal below claiming compensation due to injury suffered by a road traffic accident which took place on 27.11.2019 at about 11
The assessment of compensation for permanent disability must consider its impact on earning capacity, not just the percentage of disability.
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.
The court emphasized the necessity of assessing compensation based on the impact of permanent disabilities on earning capacity, reinforcing equitable principles for determining just compensation in m....
The court established that compensation for permanent disability must reflect actual loss, justifying an increase from Rs.1,70,000/- to Rs.7,04,000/-.
The assessment of compensation for disability must reflect both physical and functional impacts, ensuring fairness and reasonableness in determining just compensation.
The main legal point established in the judgment is the requirement for just and realistic compensation under the Motor Vehicles Act, considering the impact of permanent disability on the claimant's ....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
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