Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988: s.166 – Permanent Disability – Appellant-claimant |
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 – Permanent Disability – Appellant-claimant, was a Navy merchant and earning USD 1000 – He sustained multiple injuries in a vehicular accident, due to which there was an amputation of the right upper limb below elbow and he had to undergo five operations during his prolonged hospitalization – Claim for compensation of Rs. 1,02,00,000/- under different heads made before MACT – The Tribunal awarded a total sum of Rs. 6,68,000/- only – Appeal for enhancement of compensation – High Court enhanced compensation to Rs. 14,82,000 observing that though claimant’s right hand below elbow was amputated resulting in 70% disability qua right arm, he could still earn something and that the Merchant Navy is usually a job for six months in a year – Hence instant appeal – Held: High Court observed that the claimant can still earn something – However, the claimant will not be able to do any work in Merchant Navy – High Court also observed that in Merchant Navy, usually the job is for six months in a year – The said observation is absolutely without any basis – No evidence was led on behalf of the respondents on that – It cannot be said that the claimant would do nothing for rest of six months – High Court has also not considered the future rise in income – Under the circumstances and in the facts and circumstances of the case, the High Court ought to have awarded the future economic loss considering the loss of income at least at Rs. 30,000/- per month – High Court has awarded Rs. 25,000/- only towards pain, shock, and suffering – However, the right hand below elbow of the claimant was amputated – During prolonged hospitalization, he was operated five times – Considering the five operations, prolonged hospitalization, and suffering, the amount of Rs. 25,000/- awarded by the High Court under the head of pain, shock, and suffering can be said to be on a lower side – In the facts and circumstances of the case, Rs. 4,00,000/- granted towards pain, shock, and suffering. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 974 |
Petitioner | Ramesh |
Respondent | Karan Singh & Anr |
SCR | [2022] 18 S.C.R. 110 |
Judgement Date | 2022-09-16 |
Case Number | 6365 |
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