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Supreme Court of India 2022-11-18 allowed

TALALKENA GOWDRA PARAMESHWARAPPA vs THE BRANCH MANAGER,

Bench: 2 — B.R. Gavai, B.V. Nagarathna

In Brief

An injured worker sustained compound fractures in both legs in a motor accident and was assessed with 54% permanent disability. The High Court had reduced compensation from ₹21.08 lakh to ₹7.37 lakh, applying only 20% disability. The Supreme Court held that tribunals must not mechanically equate the percentage of permanent disability with loss of earning capacity. Instead, they must assess the actual impact of disability on earning ability, considering the person's occupation, age, and ability to work. The Court enhanced compensation to ₹11.67 lakh, recognizing 30% whole-body disability and incorporating loss of future earnings, pain and suffering, and future medical expenses, payable with 6% interest."

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Motor Accident Compensation Permanent Disability Loss of Future Earnings Damages Assessment

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