Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Just compensation Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - Accident - Compensation -Determination of - "Just compensation" - Held: No preciseformula to determine the quantum of compensation -Concept of "just compensation" suggests application of fairand equitable principles and a reasonable approach on thepart of the tribunals and the courts - Law values life and limbin a free country in generous scales - Adjudicating authorityto take note of the sufferings of the injured person which wouldinclude his inability to lead a full life, his incapacity to enjoythe normal amenities which he would have enjoyed but for theinjuries and his ability to earn as much as he used to earn orcould have earned.Motor Vehicles Act, 1988 - Accident - Compensation -Grant of- Under both the heads viz., loss of earning/earningcapacity as well as permanent disability - Propriety - Victimwas 45 year old proprietor of a furniture mart - He hadsustained 85% permanent disability by way of amputation ofhis right leg below the knee - Held: Considering the age andavocation of the appellant and the fact that he cannot do thesame work as he was doing prior to the accident due toamputation of his right leg, Tribunal fully justified in fixing asum of Rs. 1 /akh towards 85% permanent disability -HighCourt erred in setting aside the award of Rs. 1 Lakh under thehead 'permanent disability' on the ground that substantialamount had been fixed under the head 'loss of earning' and'loss of earning capacity'. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 393 |
Petitioner | S. Manickam |
Respondent | Metropolitan Transport Corp. Ltd. |
SCR | [2013] 8 S.C.R. 351 |
Judgement Date | 2013-07-01 |
Case Number | 4816-4817 |
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