NEW INDIAASSURANCE CO. LTD. versus DR. SUKANTA KUMAR BEHERA & ORS.
Considering the nature of disability, expenditure on treatment, attendant and special diet, loss of earning during treatment, pain and suffering, and using a multiplier of 16, the compensation amount is determined at Rs.35 lakhs, after deducting medical reimbursement already received.
- Parties
- Appellant: New India Assurance Co. Ltd.; Respondent: Dr. Sukanta Kumar Behera
- Jurisdiction
- India
- Judgment Date
- 20 February 2015
- Procedural Posture
- Civil Appeal / Decision on Appeal From High Court of Orissa
- Outcome
- Appeal partly allowed; compensation reduced to Rs.35,00,000/-
- Legal Topics
- Compensation for Permanent Disability, Assessment of Damages, Multiplier Method for Calculation
Case Brief
Summary, issues, holding and outcome
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Parties
New India Assurance Co. Ltd.
Appellant
Dr. Sukanta Kumar Behera
Respondent
Procedural Posture
Civil Appeal / Decision on Appeal From High Court of Orissa
Legal Issues
- 1 Justification and computation of compensation for 60% permanent disability due to motor accident
- 2 Appropriate multiplier and assessment heads for damages
Ratio Decidendi
Considering the nature of disability, expenditure on treatment, attendant and special diet, loss of earning during treatment, pain and suffering, and using a multiplier of 16, the compensation amount is determined at Rs.35 lakhs, after deducting medical reimbursement already received.
Court Disposition
Appeal partly allowed; compensation reduced to Rs.35,00,000/-
Orders
- Compensation of Rs.35,00,000/- awarded to claimant
- Interest at rate of 6% per annum from date of claim petition
Full Case Text
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