Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | functional disability Compensation |
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 - Compensation - Functional disability - Accident of victim's car with a bus resulting in fracture of victim's right arm and leg - Victim driver by profession - Tribunal held that negligence on part of driver of bus was root cause of accident, however, it further held that - manner of accident showed that both the vehicles came in uncontrollable speed and dashed against each other and, therefore, drivers of both the vehicles were equally responsible - Tribunal fixed liability of appellant at 50% while High Court reduced the liability to 30% - On appeal, held: The findings of tribunal were intra contradictory - This aspect was not considered by the High Court also - Therefore, first finding of Tribunal that negligence on part of bus driver was root cause of accident is restored - Appellant was a driver operating a tourist taxi - On account of the physical disability suffered by him, he could not continue his avocation in the same manner as before - He was aged 46 years at the time of accident - Therefore, he ought to be given just and reasonable ' compensation for his functional disability as his income has been affected - Doctor assessed functional disability at 35% - Since the appellant is compensated for functional disablement, he will not be entitled to any other compensation on account of physical disability or loss of earning capacity, etc - Appellant awarded compensation of Rs.6,13, 200/-. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 96 |
Petitioner | G. Dhanasekar |
Respondent | M.d., Metropolitan Transport Corpn. Ltd. |
SCR | [2014] 1 S.C.R. 1021 |
Judgement Date | 2014-02-12 |
Case Number | 2008-2009 |
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