Aditya Sharma Vs. Bhawani Singh & Ors.

Core ratio / Key holding

Headnote

MOTOR VEHICLES ACT, 1988 — Second Schedule — Compensation — Loss of future earning/income — Disability.

Issues for determination

• Whether the compensation awarded by the Tribunal for loss of future earning/income to the injured was adequate and deserved enhancement?

Ratio decidendi

• Compensation for loss of future earning/income in a motor accident case, where the injured sustained 28% disability and was earning Rs. 2900/- per month, is to be computed in view of the provisions of the Second Schedule to the Motor Vehicles Act by adopting a multiplier of 16 commensurate with the percentage of disability.

Important points

• Held that compensation for loss of future earning/income for 28% disability in a motor accident case, where the injured was earning Rs. 2900/- per month, is to be computed as per Second Schedule of M.V. Act using a multiplier of 16.
• Appeal partly allowed, enhancing total compensation by an additional amount of Rs. 1,34,004/- with 6% interest from 18.2.2005, to be paid within three months.

Keywords