Motor Accident Claim – Compensation – Assessment of – Permanent Physical Disability – Appellant sustained injuries in a road accident – He therefore, filed the claim petition seeking compensation of Rs.20 lakhs – Motor Accident Claims Tribunal (MACT) assessed the permanent physical disability to an extent of 40% and awarded a sum of Rs.21,08,400/- together with interest at 8% p.a. – Aggrieved, both the insurer as well as insured claimant filed appeal before the High Court against the award passed by the MACT – The High Court reduced the disability assessment at 20% and noted that the award of compensation was on the higher side and hence, reduced the compensation to Rs.7,37,604/- – On appeal, held: Appellant sustained comminuted bone fracture of tibia on both legs, the whole-body disability is assessed as 30% – He was operated upon twice and was hospitalized for thirty-six days cumulatively, therefore, the compensation under the heads of pain and suffering is enhanced – Also towards loss of future amenities and towards loss of income during laid up period for a period of twelve months compensation is enhanced – The judgment passed by the High Court is modified by enhancing the award of compensation to Rs.11,67,405/-.
Raj Kumar v. Ajay Kumar and Another (2011) 1 SCC
343 : [2010] 13 SCR 179 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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