ARVIND KUMAR MISHRA versus NEW INDIA ASSURANCE CO. LTD. AND ANR.

ARVIND KUMAR MISHRA versus NEW INDIA ASSURANCE CO. LTD. AND ANR.

Compensation for personal injury and permanent disability must be assessed using the multiplier method, based on the claimant's probable future earnings (Rs.42,000 per annum) and a multiplier of 18, leading to an award of Rs.9,06,000 with interest and costs.

Parties
Appellant: Arvind Kumar Mishra; Respondent: New India Assurance Co. Ltd.; Respondent: Owner of Vehicle (unnamed)
Jurisdiction
India
Judgment Date
29 September 2010
Procedural Posture
Civil Appeal / Final Judgment on Appeal Against High Court Order
Outcome
Appeal partly allowed
Legal Topics
Assessment of Compensation, Loss of Earnings, Permanent Disability, Multiplier Method, Section 166 Motor Vehicles Act
Motor Accident Compensation Assessment of Compensation Loss of Earnings Permanent Disability Multiplier Method Section 166 Motor Vehicles Act

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Parties

Arvind Kumar Mishra

Appellant

New India Assurance Co. Ltd.

Respondent

Owner of Vehicle (unnamed)

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Order

Legal Issues

  1. 1 Assessment of loss of earnings in motor accident causing 70% permanent disablement

Ratio Decidendi

Compensation for personal injury and permanent disability must be assessed using the multiplier method, based on the claimant's probable future earnings (Rs.42,000 per annum) and a multiplier of 18, leading to an award of Rs.9,06,000 with interest and costs.

Court Disposition

Appeal partly allowed

Orders

  • Compensation enhanced to Rs.9,06,000/-
  • Appellant entitled to simple interest at 9% per annum on the enhanced amount from August 7, 2002 until date of actual payment