Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Permanent Physical Functional Disability Motor Vehicles Act Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – Compensation – Permanent physical functional disability – Appellant met with an accident while travelling in respondent Corporation’s bus, when the bus driver hit a lorry from behind – Left leg of the appellant had to be amputated – Tribunal awarded compensation of Rs.4,08,850/- – Enhanced by High Court to Rs.5,10,350/- – On appeal by the appellant contending that compensation is grossly inadequate, held: PW3- doctor had assessed the physical functional disability of the left leg of the appellant at 75% and total body disability at 37.5% – High Court assessed the physical disability at 25% of the whole body only – If the 75% physical disability had rendered the appellant permanently disabled from pursuing his normal vocation of a painter or any similar work, it is difficult to comprehend the grant of compensation to him in ratio to the disability to the whole body – Compensation recalculated at Rs.11,97,350/- with interest @ 6%. from the date of petition till the realization. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2020 INSC 421 |
Petitioner | Sri Anthony Alias Anthony Swamy |
Respondent | The Managing Director, K.s.r.t.c. |
SCR | [2020] 5 S.C.R. 860 |
Judgement Date | 2020-06-10 |
Case Number | 2551 |
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