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As per case facts, an accident injured a motorcycle pillion rider when his vehicle struck a parked truck. The Tribunal awarded compensation, finding the truck driver negligent. The Insurance Company
...appealed, alleging contributory negligence due to the claimant's alcohol influence and errors in calculating the multiplier and functional disability. The claimant sought enhanced compensation for future prospects. The question arose whether the High Court could enhance compensation in an appeal filed by the insurer, despite the claimant not filing a cross-objection or cross-appeal, and the correct methodology for assessing future income and disability. Finally, the High Court, guided by Supreme Court precedents, decided it could enhance the award even without a cross-objection. It affirmed the Tribunal's multiplier choice based on the claimant's age at the accident and upheld the finding of total functional disability, considering the severe head injuries rendered him jobless. The Court also allowed compensation for future prospects, thereby enhancing the total award.
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