Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act Compensation |
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 - Compensation - Grant of - Pecuniary damages towards medical expenses - Television and film actress met with accident and sustained . I grievous injuries on her face and other parts of the body which c was assessed at 30% permanent disability - Tribunal awarded Rs.17,51, 7261- towards pecuniary damages namely, medical charges, medicine expenses and other expenses - Amount reduced by High Court to Rs. 7, 77,0001- Justification, Held: Not justified - Findings recorded by High Court or reduction of pecuniary damages from Rs.17,51, 7261 ·- to Rs. 7, 77, 0001- was wholly erroneous in law as the same was contrary to the facts pleaded and proved by producing evidence on record - Tribunal had awarded Rs. 17, 15, 7261- E towards the medical expenses based on the legal evidence and, therefore compensation awarded by the Tribunal was affirmed.Motor Vehicles Act, 1988 - s.166 - Compensation - Grant of - Physical disability and functional disability - Difference between - Held: A man is not compensated for physical injury; he is compensated for the loss which he suffers as a result of that injury - Functional disability is a forceful alteration of career option on account of physical and ·~ mental G injuries due to an accident - Even though a claimant -does not suffer from 100% physical permanent disability, he suffers from 100% functional disability if he loses the capacity to pursue his work as a result of the accident. Motor Vehicles Act, 1988 - s. 166 - Compensation - ""' : Grant of - Pecuniary damages - Television and film actress met with an accident and sustained grievous injuries on her face and other parts of the body which was assessed at 30% permanent disability - Held: For a film actress, physical B appearance particularly the facial features are very important to acting films and T. V. serials - On account of the accident, the face of appellant was disfigured, she put on weight and became fat and· therefore was unable to perform the role as an actress in films in future - Though as per the District Medical Board, the permanent disability of appellant was 30%, having regard to the nature of injuries suffered by her, the permanent disability of appellant should be treated as 100% functional disablement as she cannot act in the films and in T. V. serials in future. at all - This relevant aspect of the matter was conveniently omitted to be considered both by the Tribunal as well as by the High Court while determining compensation under various heads ·of non-pecuniary damages -On facts, annual income of appellant assessed at Rs.5,00,0001 - By adopting multiplier of 17, amount of Rs. 42, 50, 0001- awarded under the head of non-pecuniary E damages - Rs.10,00,0001- awarded for loss of amenities, pleasure of life and inability to attend social functions in future - Further Rs. 10, 00, 0001- awarded towards pain and suffering in view of the ordeal undergone by appellant. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2013 INSC 506 |
Petitioner | Rekha Jain |
Respondent | National Insurance Co. Ltd. |
SCR | [2013] 13 S.C.R. 1113 |
Judgement Date | 2013-08-01 |
Case Number | 5370-5372 |
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