Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988: s. 166 - Compensation - Claimant-appellant met with an accident- Sustained serious head injury and lost his memory - He could neither speak nor move properly due to injuries sustained in the accident Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988: s. 166 - Compensation -Claimant-appellant met with an accident- Sustained serioushead injury and lost his memory - He could neither speaknor move properly due to injuries sustained in the accident-At the time of accident, he was aged 35 years and workingas a constable in SRP- His earning was Rs. 1400 P.M-MACT held that claimant had suffered 50% disability andaccordingly awarded him a total sum of Rs. 2. 19 lacs ascompensation - Corporation and claimant both appealed -High Court partly allowed appeal of Corporation and heldthat the claimant is entitled to Rs. 1. 15 lacs towards futureloss of income instead of Rs.1.80 lacs awarded by MACTand directed the claimant to refund the excess amount ofRs. 64, 800 - Claimant's appeal for enhancement ofcompensation was dismissed - On appeal, held: Keeping inview the nature of injuries sustained by the claimant, resultantpermanent disabilities caused to him due to such injuriescoupled with the amount spent by him in receiving medicaltreatment, loosing the permanent job due to injuriessustained by him, future loss of income caused as a result ofthe injuries and lastly the continuous mental pain and agonysuffered by him, a sum of Rs.4 lacs claimed by way ofcompensation was just and reasonable - In a case of thisnature, the injuries sustained by the claimant were morepainful because he would have to live his remaining life withsuch disabilities, which he did not have before accident -This undoubtedly would deprive him to live his normal life -Courts below failed to take note of this material fact whiledetermining the compensation - Impugned order modifiedand claimant awarded Rs.4 lacs. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 679 |
Petitioner | Mithusinh Pannasinh Chauhan |
Respondent | Gujarat State Road Transport Corporation & Anr. |
SCR | [2015] 10 S.C.R. 39 |
Judgement Date | 2015-09-18 |
Case Number | 7201-7202 |
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