In Brief
A 32-year-old man suffered severe head injury and brain damage in a motor vehicle accident caused by rash driving of a bus. The claimant underwent brain surgery and was left with 60% medical disability resulting in 100% functional disability, preventing him from working. The High Court awarded ₹30.99 lakh compensation. On appeal, the Supreme Court enhanced the award to ₹52.31 lakh by: (1) increasing assessed income to ₹2 lakh per annum reflecting pre-accident earnings, (2) adding 40% future prospects, (3) awarding compensation for permanent attendant care (₹1 lakh), loss of marriage prospects (₹1 lakh), and enhanced pain and suffering (₹1 lakh), and (4) applying 100% functional disability. The court held that compensation should be assessed as fair and reasonable irrespective of the amount initially claimed.
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