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Supreme Court of India 2022-11-16 allowed

SIDRAM vs THE DIVISIONAL MANAGER,

Bench: 2 — Surya Kant, J.B. Pardiwala

In Brief

A 19-year-old street vendor suffered paraplegia (complete loss of mobility in lower body) in a motor accident. The High Court awarded Rs. 9,26,800 in compensation. The Supreme Court enhanced this to Rs. 21,78,600, emphasizing that permanent disablement cases require compensation for future earning loss (assessed at 100% functional disability despite 45% physical disability certificate), notional income (Rs. 8,000/month without documentary proof), attendant charges for life (using multiplier method), future medical expenses, and substantial non-pecuniary damages for pain, suffering, and loss of marriage prospects. The Court held that just compensation must restore the victim to as near a pre-accident position as possible, and courts must assess the actual functional impact on earning capacity, not mechanically apply the physical disability percentage.

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Motor Vehicles Personal Injury Tort Compensation Permanent Disability Paraplegia

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