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NAMAVARAPU RAJESHWAR RAO
Preethi – Appellant
Versus
Andhra Pradesh State Road Corporation – Respondent
JUDGMENT :
NAMAVARAPU RAJESHWAR RAO, J.
1. These two appeals are being disposed of by this common judgment since M.A.C.M.A. No. 4342 of 2012 filed by the A.P.S.R.T.C. disputing the quantum of compensation and fixing of 75% liability, and M.A.C.M.A. No. 1375 of 2011 filed by the petitioner/claimant seeking enhancement of the compensation and disputing the fixing of 25% liability are directed against the very same order and decree dated 10.08.2010 passed in O.P. No. 1797 of 2008 on the file of the Motor Accidents Claims Tribunal-cum-III Additional Chief Judge, City Civil Court, Hyderabad (for short ‘the Tribunal’).
2. For convenience, the parties hereinafter will be referred to as they are arrayed before the Tribunal.
3. The brief facts of the case are as follows:
The court emphasized the necessity of accounting for future earning capacity and permanent disability when determining compensation in personal injury cases.
Point of Law : Motor Accident – Contributory Negligence - Compensation - Petitioner is entitled for enhancement of compensation as modified and re-calculated above, and given in table below for easy ....
Compensation for personal injury must reflect the severity of injuries and long-term impacts on the victim's life, including loss of income and future medical needs.
Compensation for injuries must reflect a fair assessment of pain, suffering, and loss of income, even exceeding claimed amounts if justified by evidence.
The assessment of compensation for injuries must reflect the impact of functional disability on earning capacity, not just physical disability percentages.
A lack of a valid driving licence does not imply contributory negligence unless it directly caused the accident; the awarded compensation was adjusted for functional disability and ongoing medical ne....
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