JAKIR HUSSEIN versus SABIR & ORS.

JAKIR HUSSEIN versus SABIR & ORS.

Where a claimant-driver suffers permanent disabling injury to the limb essential for his skilled occupation, loss of earning capacity may be treated as 100%. Just and reasonable compensation for pecuniary and non-pecuniary damages must be calculated, including future medical expenses, applying a suitable multiplier, and allowing interest at 9% p.a. due to prolonged litigation. The Insurance Company is liable, and alternative employment is not sufficient to reduce compensation.

Parties
Appellant: Jakir Hussein; Respondent: Sabir; Respondents: Others (Insurance Company & Ors.)
Jurisdiction
India
Judgment Date
18 February 2015
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeal allowed; compensation enhanced.
Legal Topics
Compensation Assessment, Permanent Disability, Interest on Compensation, Multiplier Method
Motor Vehicle Accident Personal Injury Insurance Law Compensation Assessment Permanent Disability Interest on Compensation Multiplier Method

Case Brief

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Parties

Jakir Hussein

Appellant

Sabir

Respondent

Others (Insurance Company & Ors.)

Respondents

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 What is the just and reasonable compensation for a claimant driver permanently disabled?
  2. 2 Should the loss of earning capacity due to permanent disability be treated as 100% for a driver whose working limb is destroyed?
  3. 3 What is the proper interest rate to award on compensation under Section 166 of Motor Vehicles Act, 1988?

Ratio Decidendi

Where a claimant-driver suffers permanent disabling injury to the limb essential for his skilled occupation, loss of earning capacity may be treated as 100%. Just and reasonable compensation for pecuniary and non-pecuniary damages must be calculated, including future medical expenses, applying a suitable multiplier, and allowing interest at 9% p.a. due to prolonged litigation. The Insurance Company is liable, and alternative employment is not sufficient to reduce compensation.

Court Disposition

Appeal allowed; compensation enhanced.

Orders

  • Respondent Insurance Company to pay Rs. 17,60,500/- to appellant with 9% p.a. interest from date of claim petition till payment.
  • Payment or deposit to be made before MACT within four weeks from receipt of judgment.