N. SURESH versus YUSUF SHARIFF & ANR.

N. SURESH versus YUSUF SHARIFF & ANR.

The appellant’s monthly income prior to the accident was Rs.8,500 and permanent disability was assessed at 90%, so multiplier of 16 was rightly applied, resulting in compensation of Rs.19,75,800 with 6% interest.

Parties
Appellant: N. Suresh; Respondent: Yusuf Shariff; Respondent: New India Assurance Co. Ltd.
Jurisdiction
India
Judgment Date
19 March 2012
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court and Tribunal orders modified.
Legal Topics
Permanent Disability, Quantum of Compensation, Assessment of Income, Multiplier, Medical Expenses
Motor Accident Compensation Permanent Disability Quantum of Compensation Assessment of Income Multiplier Medical Expenses

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Parties

N. Suresh

Appellant

Yusuf Shariff

Respondent

New India Assurance Co. Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 What was the earning of the appellant prior to the accident and the permanent disability incurred during accident to decide the quantum of loss of future earning and loss of income during the treatment/laid up period?
  2. 2 What amount is the appellant entitled towards medical expenses, other incidental charges and future medical expenses?

Ratio Decidendi

The appellant’s monthly income prior to the accident was Rs.8,500 and permanent disability was assessed at 90%, so multiplier of 16 was rightly applied, resulting in compensation of Rs.19,75,800 with 6% interest.

Court Disposition

Appeal allowed; High Court and Tribunal orders modified.

Orders

  • The New India Assurance Co. Ltd. is directed to pay Rs.19,75,800 to the appellant with 6% interest from the date of petition till realization, after deducting amounts already paid.