Appeal against a judgment and award issued by the Motor Accident Claim Tribunal in 2013. The appellant seeks enhanced compensation for injuries sustained in a motor vehicle accident in 2002. The appellant's advocate argues that the awarded compensation is insufficient given the severity of the injuries, particularly highlighting the loss of sexual function and psychological impact. The respondent's advocate argues that the awarded compensation is adequate, considering the circumstances and expenses already covered. The court deliberates on the evidence presented, including medical reports, and acknowledges the impact of the injuries on the claimant's life. It references legal precedents regarding the assessment of compensation for non-pecuniary damages. Ultimately, the court decides to partially allow the appeal and modifies the award, granting additional compensation for non-pecuniary losses.
Introduction:
Consent for Final Hearing:
Appellant's Arguments:
Respondent's Arguments:
Court's Consideration:
Legal Precedent:
Evaluation of Evidence:
Tribunal's Assessment:
Court's Decision:
Conclusion:
Case Title: Machindra s/o Vithoba Sonawane Versus Ambadas s/o Santram Gadakh Ors.
Citation: 2024 Lawtext (BOM) (5) 61
Case Number: FIRST APPEAL NO.1525 OF 2013
Advocate(s): Mrs. R. S. Bora h/f Mr. S. S. Bora, Advocate for the Appellant. Mr. S. G. Jadhav (absent), Advocate for Respondent No.1. Mr. S. V. Kulkarni, Advocate for Respondent No.2. Mr. U. S. Malte, Advocate for Respondent No.4 (Through V.C.).
Date of Decision: 2024-05-06