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SANJAY KAROL, MANMOHAN
Prakash Chand Sharma – Appellant
Versus
Rambabu Saini – Respondent
JUDGMENT :
SANJAY KAROL, J.
1. Leave granted. This appeal is at the instance of the claimant-appellant aggrieved by the judgment and order dated 19th April, 2023 passed in S.B. Civil Miscellaneous Appeal No.3050 of 2017 by the High Court of Judicature at Rajasthan, Jaipur Bench1[The ‘impugned order’], while entertaining an appeal arising out of a judgment and order dated 18th January, 2017, passed in Claim No.575/2014 by the Motor Accident Claims Tribunal, Alwar2[The ‘Tribunal’].
2. On 23rd March, 2014, the claimant-appellant was returning to his village Rajpur Badha from Cheel Ki Bawdi on his motorcycle bearing No.RJ 02 SC 4860, when another vehicle, a Maruti Omni bearing No.RJ 02 UA 1663 came from the opposite direction, on the wrong side of the road. The claimant- appellant suffered numerous injuries including on the head and his right leg. FIR No.81/14 was registered at Police Station Tehla, and he was taken, first to Katta Hospital, Bandikui, and thereafter, to Sawai Mansingh Hospital, Jaipur. Although, he survived his accident, he is in a comatose state.
3. The learned Tribunal framed three primary issues :
b
The court upheld the Medical Board's assessment of 100% disability, emphasizing the need for adequate compensation for pain and suffering, ultimately awarding Rs.48,70,000/- to the claimant.
The assessment of disability must adequately reflect the impact on earning capacity, necessitating appropriate multipliers and comprehensive evaluations of pain and suffering in compensation claims.
The assessment of compensation must reflect the severity of injuries and the total loss of earning capacity, ensuring just and adequate reparation for lifelong disabilities.
The court affirmed that compensation under the Motor Vehicles Act must be just and fair, considering the severity of injuries and the claimant's permanent disability.
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
In cases of permanent disability due to motor accidents, courts must consider proven income, future prospects, and the severity of injuries when determining compensation.
The court ruled that permanent disability preventing employment should be assessed as 100% functional disability, impacting compensation calculations.
The main legal point established in the judgment is the correct assessment of disability and future prospects, and the award of compensation for various heads of damages and expenses under the Motor ....
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