Nemi Chand Vs. Mahendra Kumar & Anr.

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 — S.168, S.173 — Compensation — Permanent Disability — Proof of Loss of Earning Capacity

Issues for determination

• Whether the compensation awarded by the Motor Accident Claims Tribunal for injuries sustained by the appellant was meager and deserved enhancement?

Ratio decidendi

• For a claimant to be awarded compensation for permanent disability and future loss of income, it is essential to prove by cogent evidence that such disability adversely affected their earning capacity, which includes examining the concerned doctor who issued the disability certificate or treated the injuries.

Important points

• Held: The compensation of Rs. 31,000/- awarded by the Tribunal was just and proper, as the claimant failed to prove permanent disability by cogent evidence, including medical testimony.

Keywords