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Supreme Court of India 2018-03-06 allowed

Jagdish vs Mohan & Ors

Bench: 3 — D.Y. Chandrachud

In Brief

A 24-year-old carpenter was severely injured in a motor accident on 24 November 2011 when a dumper struck his motorcycle, causing 90% permanent disability to both his hands. The appellant could not eat or use toilet without assistance. The Motor Accidents Claims Tribunal and High Court awarded compensation totalling Rs. 15,00,228. The Supreme Court held that disability should be assessed as total rather than 90%, self-employed persons below 40 years are entitled to 40% addition for future prospects, the appellant's claimed income of Rs. 6,000 monthly should be accepted, and comprehensive compensation should include future medical expenses. The Court enhanced the total award to Rs. 25,38,308 with 9% interest from claim date, emphasizing that compensation reflects human dignity and enforceable rights, not mere paternalistic grants."

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Motor Vehicles Act Compensation Personal Injury Negligence Insurance Disability Loss of Earning Capacity

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