4 hrs ago
Gujarat High Court Raises Compensation for Accident Survivor
A man who worked as a lawyer was badly hurt when a truck hit him in 1992.
He said his injuries affected his ability to work and his married life.
A Tribunal first awarded him Rs 3.42 lakh in 2014.
He asked the Gujarat High Court to review that amount.
The High Court decided that the first amount was too low and raised it to Rs 6,19,460.
It included money for the effect of his injuries on his marital life.
The court also ordered interest of 9% a year from the date he filed his claim.
The insurer must deposit the extra compensation within 12 weeks of receiving the order.
A Gujarat advocate injured in a 1992 truck accident has received an enhanced compensation award more than 34 years later.
The Gujarat High Court raised the total award from Rs 3.42 lakh to Rs 6,19,460.
The court included Rs 1.5 lakh for loss of marital life and increased damages for pain, shock and suffering to Rs 50,000.
It assessed the claimant’s monthly income at Rs 2,500, above the Tribunal’s Rs 1,800 estimate.
The insurer must pay interest at 9% per year on the full award from the date the claim petition was filed.
- Who
- An advocate injured in the accident, the Gujarat High Court, and the insurer.
- What
- The High Court enhanced the advocate’s motor-accident compensation to Rs 6,19,460 and ordered 9% annual interest from the claim filing date.
- Where
- The accident occurred on the road from Kamrej in Surat toward a bridge over the Tapi River; the case was heard by the Gujarat High Court.
- When
- The accident occurred on June 23, 1992; the Tribunal awarded compensation in July 2014. The High Court ruling date is not stated.
- Why
- The claimant challenged the Tribunal’s award, including its income assessment and its failure to compensate him separately for loss of marital life.
Key facts
- Accident date
- June 23, 1992
- Initial Tribunal award
- Rs 3.42 lakh, awarded in July 2014
- Enhanced total award
- Rs 6,19,460
- Increase over Tribunal award
- Rs 2,77,432
- Loss of marital life award
- Rs 1.5 lakh
- Interest rate
- 9% per annum from the date the claim petition was filed
- Deposit deadline
- Within 12 weeks of the insurer receiving the order
Quotes
Gujarat High Court
The High Court's judgment in the compensation appeal.
“Learned Tribunal has taken Rs1800 as income of claimant, double (than) minimum wages… but yet looks worthy-less. (The) profession of claimant as advocate, considering his age, and adopting simple guess work as well as relying upon his credit worthy deposition, Rs 2500 per month was required to be considered…”
indianexpress.com
“Doctor who entered into the witness box… pleaded that claimant has suffered impotency. In the cross examination, he has admitted that he has not carried out any test to record loss of sexual dysfunction. He has issued a certificate to that effect that claimant has suffered impotency…”
indianexpress.com
Sources
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