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The High Court erred in granting compensation on a single head by merging permanent disability with loss of future earnings; both must be compensated separately. The High Court also erred in denying interest on the enhanced sum, which should be awarded from the date of claim petition at 9% per annum.
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Delay in lodging FIR cannot be a ground to dismiss a genuine motor accident compensation claim if the claimant provides satisfactory and valid reasons. Where injuries are of a permanent nature and negatively impact the victim's life, compensation must be adequate and proper, commensurate with the degree of disability and suffering.
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Where a child had no income and no evidence on actual damages was provided, compensation determined by applying notional income and structured formula is appropriate; the amount awarded by the High Court is adequate.
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