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Supreme Court of India 2018-08-21 allowed

In The Matter of: Anant Son of Sidheshwar Dukre vs Pratap Son of Zhamnnappa Lamzane & Another

Bench: 2 — Indu Malhotra

In Brief

A 29-year-old driver suffered 75% permanent disability in a motorcycle accident caused by negligent driving. The Motor Accident Claims Tribunal awarded Rs. 7 lakh as lump-sum compensation, which the High Court enhanced to Rs. 14.65 lakh. The Supreme Court held that compensation must fully restore the victim to his pre-accident position. The Court accepted the claimant's actual monthly income (Rs. 8,500) as proved by employer testimony, calculated loss of future earnings at 75% disability over a multiplier of 17 years, and awarded separate compensation for medical expenses, special diet, attendance, loss of amenities, and pain and suffering. The Court allowed the appeal and increased total compensation to Rs. 20.29 lakh with 9% interest, emphasizing that compensation assessments must account for inflation and the impact on the victim's family."

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Motor Vehicles Law Compensation Permanent Disability Lost Earnings Multiplier Method

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