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Supreme Court of India 2017-07-13 partly_allowed

New India Assurance Co. Ltd vs Gajender Yadav and Ors

Bench: 2 — Kurian

In Brief

A security officer aged 37 suffered amputation of his left leg below the knee in a motor accident on 28 January 2004. The Motor Accident Claims Tribunal awarded Rs. 6,87,000, which the High Court increased to Rs. 27,14,835. The Supreme Court partly allowed the appeal, holding that compensation should be calculated using a unified multiplier approach for loss of earning capacity rather than separately for "physical disability" and "future loss of earnings." With 85% permanent disability and no future promotion prospects, a 40% disability factor was applied to future earnings (Rs. 21,000 per month) with a multiplier of 15, yielding Rs. 15,12,000 for future loss. An additional Rs. 2,00,000 was awarded for artificial limb replacement. Final compensation: Rs. 23,26,835 with 8% interest.

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Motor Vehicles Tort Law Personal Injury Compensation Disability Compensation

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