Hetram Vs. Vijendra Singh & Ors.

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 — Ss. 168, 173 — Compensation — Permanent Disability — Loss of Future Earnings — Evidentiary Burden

Issues for determination

• Whether the Motor Accident Claims Tribunal erred in not considering the loss of future earnings resulting from permanent disability despite the appellant having sustained 18%-20% permanent disability?

Ratio decidendi

• All injuries, including permanent disability, do not automatically result in a loss of future earnings, and a claimant must provide evidence to establish such loss of future earnings owing to the permanent disability sustained in an accident.

Important points

• Appeal dismissed as claimant failed to provide evidence of loss of future earnings despite permanent disability.

Keywords