Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - s.166 - Compensation - Adequacy of- Due to motor accident, appellant-claimant, who was working as a coolie, suffered from gross deformity of his left upper limb - Doctor assessed permanent residual physical disability of the appellant's upper limb at 68% and his whole body at 22-23% - Tribunal took the income of appellant to be Rs.3,000/- p.m., his disability at 20%, and his age as 55 years (for which it adopted a multiplier of 11) and accordingly calculated loss of future income to be Rs. 79,2001- and total compensation to be Rs.1, 70,2001- - High Court, however, took the age of the appellant to be 50 years and adopting a multiplier of 13, calculated loss of future income at Rs.93,0001- and enhanced total compensation to Rs.2,22,6001- - Held: Total compensation awarded by the High Court was inadequate considering the nature of injuries suffered by the appellant and the consequent adverse effect it had on the performance of his avocation - Appellant is a manual labourer, for which he requires the use of both his hands but the accident left him with one useless hand - This disability is bound to affect the quality of his work and also his ability to find work - Hence, while computing loss of future income in respect of the appellant, disability should be taken to be 68% and not 20%, as was done by the Tribunal and the High Court - Amount towards loss of future income enhanced to Rs.3, 18,2401- - Total compensation raised to Rs.4, 77,6401 - (rounded off to Rs.4, 77, 0001-) to be paid at an interest of 6% from the date of claim petition till realization. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2011 INSC 288 |
Petitioner | Sri Nagarajappa |
Respondent | Divisional Manager, Oriental Insurance Co. Ltd. |
SCR | [2011] 6 S.C.R. 70 |
Judgement Date | 2011-04-11 |
Case Number | 3203 |
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