CLX-RAJ-HC-2024-000003

Shripal Singh S/o Shaitan Singh Rajput - Appellant Vs. Sompuri @ Sohanpuri Goswami, Resident Of Kesua, Rajasthan & Ors. - Respondent

Rajasthan High Court · Rajasthan · 23 August 2024

Dismissed

Core ratio / Key holding

A claim for enhanced compensation under the Motor Vehicles Act, 1988, for permanent disability, cannot be granted if the claimant fails to provide sufficient evidence to demonstrate that the disability certificate is in accordance with the Second Schedule of the Workmen Compensation Act, 1923, or that the injuries suffered are grievous, or that there is a loss to earning capacity.

Headnote

Motor Vehicles Act, 1988 — Sections 166, 173 — Compensation — Enhancement — Permanent Disability

Ratio decidendi

  • A claim for enhanced compensation under the Motor Vehicles Act, 1988, for permanent disability, cannot be granted if the claimant fails to provide sufficient evidence to demonstrate that the disability certificate is in accordance with the Second Schedule of the Workmen Compensation Act, 1923, or that the injuries suffered are grievous, or that there is a loss to earning capacity.

Important points

  • Appeal for enhancement of compensation for simple injuries and permanent disability dismissed as no sufficient evidence was produced to prove grievous injury or loss of earning capacity.

Keywords

Motor Vehicles ActCompensationPermanent DisabilitySimple InjuriesEnhancement of Compensation

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