NEERUPAM MOHAN MATHUR versus NEW INDIA ASSURANCE CO.

NEERUPAM MOHAN MATHUR versus NEW INDIA ASSURANCE CO.

Loss of earning capacity correctly assessed at 70% as per Workmen's Compensation Act; courts below failed to allow reasonable amounts for pecuniary and non-pecuniary damages, necessitating re-determination of compensation.

Parties
Appellant: Neerupam Mohan Mathur; Respondent: New India Assurance Co.
Jurisdiction
India
Judgment Date
01 July 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court and Tribunal orders modified
Legal Topics
Permanent Disability, Assessment of Compensation, Loss of Earning Capacity, Pecuniary and Non Pecuniary Damages
Motor Accident Compensation Permanent Disability Assessment of Compensation Loss of Earning Capacity Pecuniary and Non Pecuniary Damages

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Parties

Neerupam Mohan Mathur

Appellant

New India Assurance Co.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Assessment of percentage of permanent disability
  2. 2 Appropriateness of compensation awarded for prosthesis
  3. 3 Adequacy of pecuniary and non-pecuniary damages

Ratio Decidendi

Loss of earning capacity correctly assessed at 70% as per Workmen's Compensation Act; courts below failed to allow reasonable amounts for pecuniary and non-pecuniary damages, necessitating re-determination of compensation.

Court Disposition

Appeal allowed; High Court and Tribunal orders modified

Orders

  • Insurance Company to pay claimant Rs.11,64,300 minus any amount already paid within three months from judgment date with 12% interest.
  • No separate order as to costs.