Vidhyadhar - Appellant Versus Banshilal & Anr. - Respondent

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 — Sections 166, Second Schedule — Compensation — Permanent Disability — Assessment Guideline — Deviation Justification

Ratio decidendi

• The Second Schedule attached to the Motor Vehicles Act, 1988, can be used as a guideline by the Court for assessing the loss suffered by a claimant in a case filed under Section 166 of the Act, and it has legal and persuasive value. If the Court deviates from the Second Schedule, it must state cogent and convincing reasons for doing so.

Important points

• Award for permanent disability enhanced from Rs. 1,35,000/- to Rs. 3,03,552/- due to non-application of Second Schedule formula.
• Insurance Company directed to pay enhanced remaining amount with 6% interest per annum from claim petition filing date (10.04.2003) till realization.
• Lower Court directed to ensure delivery of remaining compensation to appellant within two months from judgment receipt.

Keywords