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The Supreme Court enhanced motor accident compensation for a 38-year-old carpenter who lost his right leg, holding his functional disability was 100%.
The Supreme Court held that on the uncontroverted medical and neuropsychological evidence (Medical Board certificate and neuropsychological assessment showing severe memory impairment, frontal lobe dysfunction and IQ 65 with partial blindness and orthopedic limitations) the appellant's injuries cumulatively rendered him functionally incapable of discharging his pre-accident managerial duties; accordingly functional disability for computation of loss of earning capacity was to be assessed at 100%, the MACT and High Court awards were modified and total compensation was recalculated to Rs.97,73,…
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The Supreme Court held that while the appellant was contributorily negligent for not maintaining sufficient distance and driving without a valid licence, the root cause was the sudden braking by the car driver; apportionment of negligence was fixed as car driver 50%, bus driver 30% and appellant 20%. The Court fixed notional monthly income at Rs.20,000, multiplier 18 and future prospects at 40%, computed loss of income at Rs.60,48,000; upheld attendant charges at Rs.18,00,000 and future medical expenses at Rs.5,00,000, increased loss of marital prospects to Rs.5,00,000 and fixed total compens…
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The Supreme Court held that although the medical certificate assessed disability at 75%, for all practical purposes the appellant’s disability should be treated as 100%; for computation of future loss the minimum wage for a skilled worker in Delhi as on 2.6.2009 (Rs.4,358/month) is to be used as the multiplicand with 40% addition for future prospects and multiplier 18 (age-based), resulting in loss of earning capacity of Rs.13,18,000; attendant charges must be computed on full-time skilled attendant basis using the skilled minimum wage and multiplier 18 resulting in Rs.9,42,000; pain and suff…
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Both the Tribunal and the High Court were correct in treating the claimant's functional disability as 100%; the High Court's computation of future prospects was modified to apply a 50% addition under Pranay Sethi; the award under 'pain and suffering' was enhanced to Rs.15,00,000 given the severity and lifelong nature of the disability; interest at 6% to run from the date of filing of the petition for special leave; total amount payable fixed at Rs.1,02,29,241; appeal allowed.
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It is the age of the deceased which ought to be taken into consideration and not the age of the dependents for arriving at the multiplier for computing compensation in motor accident claims.
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The appellant was rendered incapable of performing her vocation as a labourer by virtue of permanent injuries; therefore her functional disability for purposes of loss of future earnings must be treated as 100%, and compensation was to be computed on 60% of Rs.8,000 monthly wage with multiplier 184.17 plus medical expenses and interest, resulting in a rounded award of Rs.9,30,000 with interest at 9% per annum from date of application until payment.
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The Supreme Court held that the appellant had suffered 70% permanent disability and the High Court erred in assessing functional/economic disability at 35%; on the facts the loss of future earning capacity was assessed at 60% and a 40% addition for future prospects was applied; compensation for prosthetic limbs and their maintenance was increased to reflect lifetime need; non-pecuniary heads were increased. The impugned judgment was modified and the appellant was awarded total compensation of Rs.38,70,120 with 9% per annum interest from the date of making the application.
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The Court found the treating doctor's 54% limb-specific disability to be on the higher side for whole-body assessment, assessed whole-body permanent disability at 30% for comminuted fractures of both tibiae, recalculated heads of compensation (including enhanced amounts for pain and suffering, loss of amenities and loss of income during laid-up period), and modified the High Court award by enhancing compensation to Rs.11,67,405 with interest at 6% per annum from the date of filing, with directions for deposit of Rs.3,00,000 in a nationalized bank for five years and payment of the balance to t…
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The Court held that tribunals must apply the multiplier method and may award compensation for future prospects in cases of permanent disablement; on the facts, treating medical evidence of paraplegia and the appellant’s avocation supported fixing notional income at Rs.8,000 per month and permanent disability at 45%, and after awarding specified sums under pecuniary and non-pecuniary heads the total compensation was enhanced to Rs.21,78,600/-, with the insurer directed to pay the difference over the High Court award with interest at 6% p.a.
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