Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988: S.166 and Schedule II to s.163-A Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988:S.166 and Schedule II to s.163-A - Compensation for loss of earning due to permanent disability - Collision between two vehicles - Driver of mini truck sustaining grievous injuries resulting in 45% permanent disability - MACT allowing Rs.45,000/- as compensation for 45% permanent disability, cost of treatment and towards pain and mental agony - High Court dismissing appeal of claimant - HELD: Tribunal as well as High Court have not awarded any compensation towards loss of future income - After fracture of tibia, it is doubtful if the appellant can even drive again - Disability suffered by appellant would surely reduce earning capacity - Therefore, appellant is required to be compensated for loss of earning due to injuries suffered by him in accident - Taking into consideration present income of appellant as Rs.4,000/- per month minus 1/3rd deduction towards miscellaneous expenses, the permanent disability of 45% suffered by him, appellant being 29 years old at the time of accident, and taking multiplier to be 18, total loss of income comes to Rs.2,59,200/- for which appellant would be entitled in addition to the sum already awarded by the Tribunal - He would be entitled to interest at the same rate i.e. 6% per annum on the enhanced amount as well from the date of filing claim petition till realization. |
Judge | N/A |
Neutral Citation | 2007 INSC 1123 |
Petitioner | Sunil Kumar |
Respondent | Ram Singh Gaud And Ors. |
SCR | [2007] 11 S.C.R. 876 |
Judgement Date | 2007-11-02 |
Case Number | 5108 |
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