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by Admin
07 May 2024 2:49 AM
In a recent judgment, the Supreme Court of India has enhanced the compensation awarded to a claimant in a motor vehicle accident case. The court noted “serious errors” in the assessments made by the Motor Vehicles Claims Tribunal and the High Court, leading to a lower compensation amount being awarded initially.
The appellant, Sri Lakshmana Gowda B.N., had filed an appeal challenging the quantum of compensation awarded by the Tribunal. The court heard arguments from both the appellant and the respondent, The Oriental Insurance Co. Ltd., and examined the records of the case.
Justice Aravind Kumar, delivering the judgment, stated, “The Tribunal committed a serious error in awarding abysmally less compensation contrary to the evidence on record.” The court found that the assessments of the claimant’s income and permanent disability were incorrect, resulting in an unjustifiably low compensation amount.
The court awarded additional compensation for pain and suffering, stating, “The compensation awarded towards ‘pain and suffering’ is on the lower side.” They also considered the claimant’s loss of future income, loss of marriage prospects, and loss of earnings during the laid-up period, recalculating the compensation amounts for these factors.
“The Tribunal and the High Court fell in error in construing the income of the claimant at Rs. 3,000/- p.m. instead of Rs. 8,000/- p.m.,” the court emphasized, highlighting the incorrect assessment of the claimant’s income.
The final compensation awarded by the Supreme Court was Rs. 15,94,812, with interest at 6% per annum. The court directed The Oriental Insurance Co. Ltd. To deposit the awarded amount within six weeks.
Date of Decision: July 7, 2023
SRI LAKSHMANA GOWDA B.N. vs THE ORIENTAL INSURANCE CO. LTD. CO. LTD. AND ANOTHER
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