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(2024) Law Today Live Doc. Id. 19756 = 2024 :PHHC: 138587
FAO No.2415 of 2011 (O&M)
Reserved on: 23.07.2024 Pronounced on: 22.10.2024
Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Code of Civil Procedure, 1908 (V of 1908), Order 41 Rule 27 -- Compensation in motor vehicle accident case – Injury in right hip joint -- 30% permanent disability -- B.Ed Student – Disability certificate taken on record as additional evidence -- Accident of 2009, minimum daily wages of unskilled labour was Rs.150/- -- Appellant being a student could not be compared equal to unskilled labour, her monthly income taken as 5,000/- per month – Admission in hospital for 43 days, loss of income during hospitalisation assessed @ Rs.167 per day comes to Rs.7181 – Age 26 at the time of accident, multiplier of 17 applied for 30% disability, loss of future income assessed to Rs. 3,06,000/- (Rs.5,000 x 30/100 x 12 x 17) -- Compensation under the heads of special diets, attendant and transportation assessed as Rs.50,000/- -- For pain and suffering Rs.1,00,000/- awarded -- Total compensation assessed as Rs.4,38,081 with interest @ 9% p.a. from the date of claim petition till realisation, excluding the period of delay in filing appeal.
(Para 8-11)