Claim in mact act

Prakash Legal Clinic Haridwar

2012 SCCL.COM 534(Case No: Civil Appeal No(s).7603 of 2012)
K. Suresh Appellant versus New India Assurance Co. Ltd. and another Respondents  
Date of Decision(mm/dd/yy): 10/19/2012.
Judge(s): Hon'ble Mr. Justice K.S. Radhakrishnan and Hon'ble Mr. Justice Dipak Misra.
Subject Index: Motor Vehicles Act, 1988 — sections 166, 168 — computation of loss under — the order of the High Court reducing the compensation granted by the Tribunal — in challenge — the claimant-appellant was hit from the behind by an auto driven in a rash and negligent manner and received serious multiple injuries all over the body — evidence on record showed that the appellant has been constantly availing physiotherapy treatment facing difficulty in carrying out his normal activities and disability certificate showed permanent disability at 75% — there is ample evidence on record as regards the necessity for treatment in future — the Supreme Court directed the Insurance Co. to pay Rs.13,48,000/- to the appellant in toto with interest @7.5% on the headings, namely, transport charges, extra-nourishment, medical expenses, additional medical expenses, additional transport charges, pain and suffering, loss of earning capacity and permanent disability — appeal allowed.




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