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As per case facts, the claimant sustained serious injuries in a motor vehicle accident where the driver died. The Motor Accident Claims Tribunal awarded compensation, but the appellant insurance company
...appealed, primarily challenging the calculation of "loss of earnings." The claimant also sought enhancement on several compensation heads. The question arose regarding the appropriate methodology for calculating compensation in personal injury cases, specifically how to treat "loss of earnings" and "permanent disability" heads, assess functional disability, and compute future earnings for a self-employed individual. Finally, the Court recomputed the "just compensation," clarifying that while permanent disability compensation could be granted alongside loss of future earnings, the Tribunal's initial "loss of earnings" calculation was incorrect. It assessed the claimant's permanent functional disability at 30% and adjusted the loss of future earning accordingly. The Court also enhanced compensation for pain and suffering, loss of amenities, future medical expenses, attendant charges, transportation, extra nourishment, and litigation costs, arriving at a revised total.
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