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1 - 5 of 5 (1.01 seconds)Hanif Khan vs Gaurav Kushwah on 31 October, 2023
4. Learned counsel for the appellant has also submitted that at the
time of accident, appellant was serving as Sub Inspector in Police
Department and it is correct that on account of injuries/permanent
disability sustained in the accident, career prospects of appellant were
not adversely affected and he got timely increment as well as
promotion and there is no break in the service as well as loss of income
on account of the injuries/permanent disability but relying on the
decision of the Calcutta High Court in the case of Pravat Chandra
Maity vs. Oriental Insurance Co. Ltd. & Ors. - MACD 2008 (1)
(Cal.) 407, it is urged that on account of permanent disability future
prospects of appellant getting any job after retirement is adversely
affected, therefore, Tribunal should have awarded compensation for
future loss of income from the date of retirement of the appellant. It is
also urged that Tribunal has not awarded appropriate amount under the
head of pain and suffering, attendant expenses, loss of amenities etc.,
therefore, under other conventional heads also amount be enhanced.
Oriental vs Bhakulaben on 12 September, 2008
Present
Civil Application is opposed by Mr.Arpit Kapadia, learned advocate
appearing on behalf of the original claimant. Number of authorities
have been cited by him in support of his submission that just
compensation is awarded by the Motor Accident Claim Tribunal and
even the claim can be enhanced at any time and therefore, no
illegality has been committed when the claim came to be enhanced
from Rs.15 Lacs to Rs.30 Lacs. It is also further submitted by
Mr.Kapadia, learned advocate appearing on behalf of the original
claimant that the original claimant had temporarily shifted to
village Sajod, District ; Bharuch and therefore, under the
provisions of the Motor Vehicles Act, claim petition can be filed at
the place where the claimant is residing and therefore, no
illegality is committed when the claim petition came to be filed
before the Motor Accident Claim Tribunal, Bharuch. It is also
further submitted that the claimant has sustained permanent partial
disability to the extent of 95% and both the legs of the original
claimants came to be amputed and therefore, her earning capacity can
be said to be reduced and therefore, irrespective of the fact that
whether there is any actual loss of income and/or likelihood of
future loss of income, the amount of compensation can be awarded
under the head of future economic loss. He has relied upon the
decision of the Calcutta High Court in the case of Parvat
Chandra Maity Vs. Oriental Insurance Co.Ltd.
(O&M;) Veena Bansal vs Chd. Transport Undertaking & Anr on 17 December, 2014
4. Learned counsel for the appellant relied on a Division Bench
judgment of the Calcutta High Court reported as Pravat Chandra Maity Vs.
Oriental Insurance Company Ltd. and others 2008 ACJ 53, where it was held that
the injured was entitled to compensation for loss of earning capacity, though he
had not lost his job. This was due to the fact that his capability to discharge his
duties had reduced and he could not seek employment elsewhere.
Bholaprasad vs National Insurance Company Ltd. on 24 August, 2024
0 8 . Paragraph-3 of Mangilal Daggi (PW-4) discloses that applicant
Bhola Prasad has been promoted after accident and he suffered no pecuniary
loss in his salary. It has been fairly admitted during the arguments that
Bhola Prasad has been retired after attaining the age of superannuation.
Accordingly, on the strength of Pravat Chandra Maity (supra) the
appellant/claimant is not entitled in the head of loss of future income and
Tribunal has recorded the cogent reasons considering the nature of job and
security of job of the petitioner.
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