Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicle – Accident – Claim – Assessment of compensation – Permanent Disability Percentage – Appellant was travelling in a bus which was driven in a rash and negligent manner by the respondent |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicle – Accident – Claim – Assessment of compensation – Permanent Disability Percentage – Appellant was travelling in a bus which was driven in a rash and negligent manner by the respondent – Bus met with an accident and the appellant received grave injuries – The MACT (Tribunal) by holding that it was the rash and negligent driving that caused the accident, awarded a compensation of 15,76,465/- – High Court modified and enhanced the compensation to 16,70,932/- – High Court assessed the appellant’s functional disability as 35% – On appeal, held: As per the disability certificate, the appellant suffered 70% disability – The functional disability of the appellant will severely impact his earning capacity – The 35% functional disability calculated by the High Court is incorrect in the facts and circumstances of the case and the loss of future earning capacity of appellant must be calculated at 60% – It is a well settled position of law that in cases of permanent disablement caused by a motor accident, the claimant is entitled to not just future loss of income, but also future prospects – Considering the nature of the permanent disability caused by the accident and the effect it will have on the appellant’s life, the compensation provided by the High Court for non- pecuniary heads is inadequate – In case of permanent disability, the courts must look case in totality, and must consider the socio-economic background of the claimants. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2022 INSC 1266 |
Petitioner | Mohd. Sabeer @ Shabir Hussain |
Respondent | Regional Manager, U. P. State Road Transport Corporation |
SCR | [2022] 18 S.C.R. 427 |
Judgement Date | 2022-12-09 |
Case Number | 9070 |
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