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Head Note

Motor Vehicles Act,1988  - Section 168

Just Compensation - Injury Case - Respondent a practicing medical practitioner by Tribunal enhanced from Rs. 4,01,414/- to Rs.55,00,000/- by High Court for the injuries sustained and permanent disability incurred by him in the accident dated 9.9.2023 - It is necessary to make computation of compensation to be awarded on account of pecuniary and non-pecuniary heads - Claimant was getting Rs.23,000/- per month at the time of accident - He was getting non-practitioner allowance also in addition to the salary - Considering the fact that 60% permanent disability has been incurred and considering over all injuries caused, there is a loss of working capacity to the said extent - Monthly loss of earning capacity comes to Rs.15,000/- - Multiplier of 16 is applicable at the age of 36 years - Expenditure must have been incurred in 8 days when claimant was treated in Shanti Hospital when surgery of right leg was performed and two plates were inserted which is quantified at Rs.20,000/- - There was loss of earning during course of treatment which has been determined by the Claims Tribunal and medical expenditure in SCB Medical College and Hospital, Cuttack comes to Rs.66,566/- - Compensation for pain and suffering, expenditure on attendant and on special diet has also to be awarded - The compensation after deducting medical reimbursement already received, is awarded Rs. 35,00,000/- with interest @ 6% p.a.

Topic(s)-MACT - Enhancement of compensation by HC reduced