Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles – Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles – Compensation – Appellant met with accident as a five year old boy in 2010 – He suffered injuries and became a paraplegic patient – Appellant not able to move his both legs and having complete sensory loss in the legs, urinary incontinence and bowel constipation and bed sore – Rs. 18,24,000/- awarded as compensation by Motor Accident Claims Tribunal – High Court reduced compensation to Rs.13,46,805/- – On appeal, held: In terms of the State Notification, the minimum wages payable to a skilled workman as on the date of the accident was about Rs.3700/- – Compensation, therefore, was to be assessed on the basis of the said minimum wages on the assumption that appellant would have been able to earn after attaining majority – In addition to skilled minimum wages, appellant would be also entitled to 40% for future prospects – Total compensation would be Rs.49,93,000/- (comprising of Rs.11,18,880/- towards loss of future earnings due to permanent disability for life; Rs.5,74,000/- towards medical expenses; Rs.10,00,000/- towards future medical expenses; Rs.10,00,000/- towards pain, suffering and loss of amenities; Rs.3,00,000/- towards loss of marriage prospects, Rs.8,00,000/- towards one attendant charges and Rs.2,00,000/- towards conveyance charges) along with interest already awarded by the Tribunal and affirmed by the High Court i.e. 7.5% p.a. from the date of filing of the claim application till realization. Motor Vehicles – Compensation – Just Compensation – Determination of damages in personal injury cases – Held: Is not easy – Mental and physical loss cannot be computed in terms of money but there is no other way to compensate the victim except by payment of just compensation. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 364 |
Petitioner | Master Ayush |
Respondent | The Branch Manager, Reliance General Insurance Co. Ltd. & Anr. |
SCR | [2022] 1 S.C.R. 831 |
Judgement Date | 2022-03-29 |
Case Number | 2205-2206 |
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