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2024 Supreme(Online)(MP) 9103

HIGH COURT OF MADHYA PRADESH
Santosh – Appellant
Versus
Sikandar – Respondent


Advocates:
Manish Jain,

ORDER

This appeal has been filed by the appellant-claimant under Section

173(1) of Motor Vehicles Act, 1988, against the award dated20.11.2020 passed by Ist Additional Member, MACT Sardarpur, district Dhar in Claim Case No.76/2017 on account of inadequacy of compensation and seeking enhancement of amount of compensation.

2. The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Tribunal in this regard are also not in question. As per the findings of the Tribunal, in case of permanent disability of Santosh, the Tribunal has awarded a total compensation of Rs.6,63,115/- along with interest.

3. Learned counsel for the appellant submits that the Tribunal has erred in not assessing and granting the general damages on the basis of 83% and 44% permanent disability of right leg and hand as total loss of earning capacity, loss of physical and bodily integrity, Rs. 20,000/- per month from agricultural works and by further adding 50% future prospects as per law. He further submitted that findings regarding nature of injuries, only 25% future loss of income as permanent disability, assessing amount of income as Rs.7,000/- by the Tribunal is

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