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As per case facts, an accident occurred between an ST Bus and a Tempo, severely injuring the Tempo driver (claimant). The Tribunal found the bus 100% negligent and awarded compensation.
...The opponent (ST Corporation) appealed, challenging the negligence finding and claiming the quantum of compensation was excessive, leading to windfall benefits. The claimant, however, argued the compensation was too low, specifically regarding the assessment of his monthly income and functional disability. The question arose whether the Tribunal's attribution of 100% negligence to the bus was proper and if the compensation awarded was just and appropriate. Finally, the Court upheld the 100% negligence of the bus. It revised the claimant's monthly income upwards and, considering his profession as a driver and the amputation of his leg, assessed his functional disability at 100%, leading to an enhanced total compensation while affirming other conventional heads.
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