PAPPU DEO YADAV versus NARESH KUMAR AND ORS.

PAPPU DEO YADAV versus NARESH KUMAR AND ORS.

The Court held that the High Court erred in reducing the disability to 45% and in denying future prospects; on the facts (20-year-old data entry operator, amputation of right upper limb) disability was assessed at 65%, future prospects allowed at 40%, monthly income taken as Rs.10,000 and with future prospects taken as Rs.14,000; applying multiplier 18 the compensation for loss of earning capacity was calculated as Rs.14,000 × 12 × 65% × 18 = Rs.1,965,600 and this sum was substituted in place of Rs.777,600; assessments under other heads were upheld and the appeal was partly allowed.

Parties
Appellant: PAPPU DEO YADAV; Respondent: NARESH KUMAR AND ORS.
Jurisdiction
India
Judgment Date
17 September 2020
Procedural Posture
Civil Appeal / Appeal From High Court of Delhi
Outcome
Appeal partly allowed; impugned judgment modified
Legal Topics
Future Prospects, Loss of Earning Capacity, Assessment of Disability, Quantification of Damages
Motor Vehicles Act, 1988 Personal Injury Compensation Future Prospects Loss of Earning Capacity Assessment of Disability Quantification of Damages

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Parties

PAPPU DEO YADAV

Appellant

NARESH KUMAR AND ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court of Delhi

Legal Issues

  1. 1 Whether compensation for future prospects is payable in cases of permanent disablement due to a motor accident
  2. 2 Correct assessment of percentage of permanent disability and its impact on loss of earning capacity
  3. 3 Proper determination of monthly income for computation of compensation

Ratio Decidendi

The Court held that the High Court erred in reducing the disability to 45% and in denying future prospects; on the facts (20-year-old data entry operator, amputation of right upper limb) disability was assessed at 65%, future prospects allowed at 40%, monthly income taken as Rs.10,000 and with future prospects taken as Rs.14,000; applying multiplier 18 the compensation for loss of earning capacity was calculated as Rs.14,000 × 12 × 65% × 18 = Rs.1,965,600 and this sum was substituted in place of Rs.777,600; assessments under other heads were upheld and the appeal was partly allowed.

Court Disposition

Appeal partly allowed; impugned judgment modified

Orders

  • Sum of Rs.1,965,600 shall be substituted in place of Rs.777,600 for loss of earning capacity
  • Assessments under other heads upheld