Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Accident Motor Vehicles |
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:s.166 - Accident of an advocate aged 36 years - Compensation under head 'loss of future income due to disability' - Multiplier - Annual income of Advocate assessed by Tribunal on the basis of Income Tax returns - Held: Functional disability of an accident victim requires determination on the basis of nature of disability in the light of the career or profession which the claimant was pursuing - It should not be computed mechanically only on percentage E of physical disability - A young Advocate is bound to suffer huge professional loss on account of injuries as have been sustained by the appellant - He was having partial sensory loss all over his limbs and lacked proper coordination in all four limbs -- It is the medical opinion that appellant requires an assistant for daily routine work - High Court erred in reducing compensation under head 'loss of future income' - Loss of earning should be treated as 70% and appropriate multiplier should be 16 in place of 13 - On that basis, the loss of income due to disability is enhanced from Rs.6, 17,5001- (as awarded by Tribunal) by Rs.4,00,0001- - Compensation under other heads calls for no interference - Claimant shall be entitled to 6% interest on total compensation from date of petition till date of payment. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2013 INSC 749 |
Petitioner | N. Manjegowda |
Respondent | The Manager, The United India Insurance Co. |
SCR | [2013] 12 S.C.R. 350 |
Judgement Date | 2013-11-12 |
Case Number | 10192-10193 |
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