The appellate court dismissed the appellant's appeal filed under Section 173 of the Motor Vehicles Act, 1988, holding that the Tribunal's award of Rs. 2,80,000 for a minor girl suffering from below-knee amputation was not justifiable for enhancement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
\ ^
LNTHEHIGH COURT OF JUDRICATURE AT BILASPUR CHHATTISGARH
M.A. (Q No. %' / 2007
i-
APPELLANT L'CLAIMANT >
RESPONDENTS/
/ Non-applicants
VERSUS
A.
Minor Ku. Lata Yadav, aged about "T^u.^ ^A^>^G-^?-^UC^\ R^)(^5 years,A D/o. Kartikey Yadav, resident of Bhatgaon, Tahasil t^-'1-0/ Bilaigarh, District Raipur (C.G.)
Bhuneshwar Prasad Sahu, Son of
M:.L.Sahu, resident of Bhatgaon,
Tahasil Bilaigarh, District Raipur (C.G.)
(VEHICLE DRIVER)
Narayan Prasad Sahu, Son of Kashiram Sahu, resident of Lankahuda, P.0. Dhamani, Tahasil Bilaigarh, District Raipur . (C.G;).
(VEHICLE OWENER)
(C.G.).
(INSURER)
w
^
MISCELLANEOUSAPPEAL U/S.~173 OF THE MOTOR VEHICLE ACT 1988, FOR ENHANCEMENT OF AMOUNT OF THE
CQMPENSATION AMOUNT
^
HIGH COURT OF CHHATTISGARH. BILASPUR
CORAM: Hon'bleShri Yatindra Sinah. C.J. & Hon'ble Shri Sunil KumarSinha. J
t-
M.A<iNo.96of2007
APPELLANT
Minor Ku. Lata Yadav
Versus
RESPONDENTS
Bhuneshwar Prasad Sahu & Others.
APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988
Appearance:
Mr. Pawan Kesharwani, Advocate for the appellant. Mr. Sushil Dhuri, Advocate for respondent No.3.
ORDER
(26th November, 2012)
=»> 5. The doctor has given a medical certificate, however, as to the extent disability is not mentioned. In the Employees Compensation Act, 1923 (the Act), the Injury to the extejgt^ of loss in earning capacity has been mentioned.
•^
Though, it is not applicable, so far as Motor Vehicles Act is concerned, but is a good guide under the Act. The amputation below the knee is described as the loss of 50% in the earning disability
Sd/CI»iefJustice
Sd/Sunil Kumar Sinha Judge
r/v
^/
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal for permanent disability and other heads should be enhanced.
1 provisions across 1 enactments
Minor Ku. Lata Yadav
Bhuneshwar Prasad Sahu
Narayan Prasad Sahu
The New India Insurance Company, Limited.
Yatindra Sinha
Sunil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
