extra nourishment - The Legal Chamber

The Supreme Court allowed the appeal in part, holding that tribunals can award compensation exceeding the claimed amount under the Motor Vehicles Act to ensure just and fair relief. It emphasized adding future prospects to monthly income for calculating loss of earnings due to functional disability. The Court also granted a lump sum for attendant care based on the claimant's age and injuries. Facts Of The Case: On 26.01.2012, the appellant, R. Logeshkumar, aged 21, was riding a motorcycle from Selaiyur to Medavakkam in Chennai. At the Kamarajapuram junction, a jeep owned by the first respondent and insured by the second respondent came from the opposite direction in a rash and negligent manner, without sounding a horn, and collided with his motorcycle. The accident caused grievous injuri...

The Supreme Court partially restored the Tribunal's compensation award, upholding the adopted monthly income and modifying attendant charges. It clarified that in the absence of a cross-appeal by the claimant, enhancement beyond the Tribunal's award or addition of future prospects cannot be claimed against the insurer's appeal. Facts Of The Case: On January 5, 2013, the appellant, Ramar, was standing by the side of the road when a rashly and negligently driven lorry hit him. The accident resulted in grievous injuries, leading to the amputation of his right leg from the thigh and a crush injury to his left leg, which paralyzed it. Medical evidence presented before the Tribunal, including the testimony of treating doctors and hospital records, proved the nature of the injuries and as...

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Tribunal’s Income Assessment Upheld: Supreme Court Partially Allows Appeal in Injury Claim Case