Motor Accident Claim Not A “Bonanza”, Insurance Company Can’t Be Saddled With Exorbitant Amounts For Temporary Injuries
Case: Smt. Surabala Reang v. Sri Amal Majumder and Anr.
Coram: Justice T Amarnath Goud
Case No.: MAC APP NO.26 OF 2022
Court Observation: “After hearing both the parties and perusing the evidence on record this Court feels that the injuries suffered by the claimant-appellant herein are temporary in nature and it not permanent. The learned Claims Tribunal below has awarded Rs.3,00,000/- towards the effect of injuries on the work capability of the claimant-appellant herein and the same is appropriate in nature. No doubt, it is beneficial legislation and the claimant-appellant herein needs to be considered for fair compensation. But, at the same time it cannot be a bonanza and the respondent insurance company cannot be penalized with an exorbitant amount in favour of the claimant-appellant.”
“It is only a temporary disability and the work of petitioner of selling vegetable for some time was expected to suffer and thus Rs.3,00,000/- has been awarded towards compensation. Thus, this Court feels that adequately the issue of disability has been considered by the Tribunal.”
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Keywords
Motor Accident Claim, Exorbitant Amounts, Temporary Injuries