Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation – Vehicular Accident |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Compensation – Vehicular Accident – Appellant-Claimant sustained very serious injuries resulting into 68% permanent disability – Held: Tribunal and High Court awarded Rs.50,000/- only towards pain and suffering – Further, High Court erred in awarding the future economic loss treating the income of the claimant at Rs. 3,000/- per month only – Claimant was working as a Mason – Permanent disability assessed by the High Court is at 100% – Even considering the minimum wages payable to the Mason and the future rise in income, the claimant is entitled to the economic loss past as well as future considering the income at Rs. 5,000/- per month – Claimant was 40 years of age, multiplier of 15 applied – Impugned order passed by the High Court modified – Rs. 24,000/- awarded towards loss of earning, Rs. 9,00,000/- towards future economic loss (instead of Rs. 5,40,000/- as awarded by the High Court) and Rs. 4,00,000/- towards pain, shock, and suffering – Claimant entitled to Rs. 15,42,800/- with 7.5% interest p.a. from the date of the claim petition, till satisfaction – Respondent-Insurance Company to pay the enhanced amount of compensation. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 938 |
Petitioner | Velayudhan |
Respondent | National Insurance Co. Ltd. & Anr. |
SCR | [2022] 7 S.C.R. 222 |
Judgement Date | 2022-09-07 |
Case Number | 6164 |
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