Syed Sadiq Etc. Vs. Divisional Manager, United India Ins. Co.
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Head Note
Motor Vehicles Act,1988 - Section 168 , Section 173
Appeal for enhancement - Claimant aged 22 years - Cleaner of lorries - Sustained fracture on middle 1/3rd of right humerous and comminuted fracture at junction of upper 1/3rd and middle 1/3rd of right tibia - Medical certificate showing permanent disability at 22% to upper limb and 29% to lower limb - High Court took functional disability to 13% - Error committed by High Court - Functional disability taken to extent of 85% - In view of Karnataka State Minimum Wages Rules, 2012-2013, monthly income taken as Rs 5,000/- 50% of increase allowed - Claimant held entitled to Rs 15,67,000/- with interest at 9% p.a.
Motor Vehicles Act,1988 - Section 168 , Section 173
Appeal for enhancement - Sustained injuries to lower and of right femur - Right leg amputated - Also sustained injuries over his left upper arm - Doctor stated disability of 24 % to upper limb and 85 % to lower limb - Tribunal assessed disability at 30 % of whole body - High Court determined disability at 65% - Claimant was self employed and was aged 24 Years, 50% increase allowed toward future prospects of income - Multiplier of 18 applied - Compensation towards loss of future income awarded at Rs 17, 90, 100/- plus Rs 50,000/- towards cost of artificial leg Rs 75,000/- towards pain and suffering, Rs 50,000/- towards loss of marriage prospects, Rs 75,000/- towards loss of amenities, Rs 1,00,000/- towards medical and incidental cost and Rs 25,000/- towards cost of litigation - Claimant held entitled to Rs 21, 65,100/- with interest at 9% p.a.
Motor Vehicles Act,1988 - Section 168
Negligence - Contributory negligence - Contribution of claimants in accident not proved by respondents by producing evidence - Finding of Tribunal regarding contributory negligence and upheld by High Court set aside.
Topic(s)-MACT – Compensation