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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 and lost his livelihood in a motor vehicle accident. The MACT awarded a lump sum of Rs. 7 lakhs, and the High Court enhanced it to Rs. 14.65 lakhs. The Supreme Court held that compensation must fully restore the victim to his pre-accident position. The Court rejected the High Court's arbitrary reduction of the claimant's proven monthly income from Rs. 8,500 to Rs. 5,000, and adopted the proper multiplier method of calculation. The Court awarded total compensation of Rs. 20.29 lakhs including loss of future income, medical expenses, pain and suffering, and loss of amenities, at 9% interest from the date of filing, recognizing the permanent impact on his earning capacity and quality of life.

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Motor Vehicle Act Compensation Permanent Disability Loss of Income Personal Injury

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