SARNAM SINGH versus SHRIRAM GENERAL INSURANCE CO. LTD. & ORS

SARNAM SINGH versus SHRIRAM GENERAL INSURANCE CO. LTD. & ORS

Where the appellant, employed as a gunman, suffered amputation of the right lower limb above the knee and was unable to perform his duties leading to termination, the Tribunal was right to assess loss of earning capacity at 100%; the High Court erred in reducing it to 80% and in its arithmetic; the Tribunal award is restored.

Parties
Appellant: Sarnam Singh; Respondent: Shriram General Insurance Co. Ltd. & Ors.
Jurisdiction
India
Judgment Date
04 July 2023
Procedural Posture
Civil Appeal / Appeal to Supreme Court Final Decision on Appeal
Outcome
Appeal allowed; impugned High Court order set aside; award of the Motor Accident Claims Tribunal restored.
Legal Topics
Permanent Disability, Functional Disability, Loss of Earning Capacity, Assessment of Compensation, Multiplier Method
Motor Vehicles Act, 1988 Motor Accident Claims Insurance Law Personal Injury Compensation Employment Termination Permanent Disability Functional Disability Loss of Earning Capacity +2 more

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Parties

Sarnam Singh

Appellant

Shriram General Insurance Co. Ltd. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Final Decision on Appeal

Legal Issues

  1. 1 Whether permanent physical disability (amputation of right lower limb) should be treated as 100% loss of earning capacity for a gunman
  2. 2 Whether the High Court erred in reducing loss of earning capacity from 100% to 80%
  3. 3 Whether there was an error in calculation of compensation by the High Court

Ratio Decidendi

Where the appellant, employed as a gunman, suffered amputation of the right lower limb above the knee and was unable to perform his duties leading to termination, the Tribunal was right to assess loss of earning capacity at 100%; the High Court erred in reducing it to 80% and in its arithmetic; the Tribunal award is restored.

Court Disposition

Appeal allowed; impugned High Court order set aside; award of the Motor Accident Claims Tribunal restored.

Orders

  • Impugned order of the High Court dated 25.08.2017 in MAC.APP.461/2016 set aside.
  • Award dated 18.04.2016 of the Motor Accident Claims Tribunal restored.