Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | working as Security Officer Motor accident - Quantum of compensation - On facts claimant aged 3 7 years |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor accident - Quantum of compensation - On facts, claimant aged 37 years, working as Security Officer met with an c accident - Amputation of left leg below knee causing 85% permanent disability - Tribunal awarded compensation of Rs. 6,87,000/- with interest @ 9% pa from the date of the claim petition - However, High Court enhanced the compensation amount to Rs. 27,14,835/-- On appeal, held: Claimant suffered serious injury which caused functional disability since his future promotions have been sealed Total disability factor is taken as 40%, and age being 37 years, the multiplier 15 is applied - Compensation towards future earnings comes to Rs. 11,512, 000/- High Court, in the pecuniary part, awarded Rs.8 Lakhs on account of physical disability and for future loss of earnings Rs. I 3 Lakhs, which is a duplication - Compensation E is only for the loss on account of disability - Total amount of Rs. 21 Lakhs to be substituted by Rs.15,12,000/- and the rest of the High Court order is maintained - Furthermore, Rs.2,00,000/- is awarded towai·ds the claim for change of artificial limb at least once in two years - Thus, claimant entitled to a total compensation of Rs. 23,26,835/- along with interest@ 8%from the date of the claim petition. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 614 |
Petitioner | The New India Assurance Co. Ltd. |
Respondent | Gajender Yadav And Ors. |
SCR | [2017] 6 S.C.R. 543 |
Judgement Date | 2017-07-13 |
Case Number | 9006 |
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