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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2012-SC-MAC-....
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ILC-2011-SC-MAC-Nov-1

Sanjay Batham Vs. Munnalal Parihar

Appellant sustained grievous injuries in an accident occurred when scooter on which he was travelling along with his friend Sunil hit by truck - Accident caused due to rash and negligent driving of truck - Appellant was rushed to dispensary shifted to Hospital where he was operated for fracture on his head - Due to injury on head left part of his body paralyzed - Prospects of his marriage reduced and he will not be able to lead normal life - Owner and driver did not contest claim petition - Disability certificate revealed 45% temporary disability in left hand and award compensation - Loss of earning Rs. 5,000/- Medical expenses Rs.10,000/- Pain and suffering Rs.5,000/- Special diet Rs.5,000/- with interest of 9% per annum from date of filing - On appeal High Court re-appreciated evidence - Determined appellant's income to be Rs. 1500/- per month Assessed disability to be 50% and loss of earning Rs. 750/- per month - Applied multiplier of 16 and concluded appellant was entitled to a sum of Rs. 1,44,000/- in lieu of loss of earning - Also awarded Rs. 50,000/- for treatment and Rs. 56,000/- for pain and suffering and loss of marriage prospects rate of interest was reduced from 9% to 7% per annum - Appeal -Supreme Court - Multiplier of 18 be applied and appellant entitled to a sum of Rs.1,62,000/- evidence of doctor shows that he will require treatment in future - We feel justice will be served by awarding a lump sum amount of Rs. 2 lacs for future treatment - Appellant entitled to total compensation of Rs.5,62,000/-. also interest @ 9% per annum from the date of filing till realization - Appeal allowed and judgment is modified.

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