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 - Quantum of 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 - Quantum of compensation - Grievous injuries resulting in amputation of leg - Claim for compensation - Plea of claimant that he was professional driver earning monthly income of Rs.-1000 which he lost due to 90% disability sustained in the accident - Tribunal held that claimant could not prove his earning of Rs.-4000 p.m. by doing driving job - Tribunal fixed annual income at Rs.15000 and 60% decrease in his work efficiency and accordingly worked oul compensation- High Court enhanced compensation amount taking annual income as Rs.24000/- Appeal for enhancement of compensation - Held: Courts below erred in reducing the permanent disability determined by the Doctor at 90% to 60% on the ground that despite the amputation of his left leg, the remaining body of the appellant was healthy - Considering the factual matrix of the case including the fact that with the amputated leg the appellant could not pursue his livelihood as a driver or daily wage labourer and taking into account the Doctors Certificate, permanent disability sustained due to the accident is taken as 90% - Thus, considering appellan/ :, annual income as Rs.24.000/- p.a .90% of it would be Rs.21,600/- and applying the multiplier 17, compensation awarded under the head of 'permanent disability' at Rs. 3,67,200/- - Also Rs.1.00.000/- awarded toward the cost |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2017 INSC 145 |
Petitioner | Lal Singh Marabi |
Respondent | National Insurance Company Ltd. & Ors. |
SCR | [2017] 2 S.C.R. 759 |
Judgement Date | 2017-02-15 |
Case Number | 3764 |
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