Hansraj - Appellant Versus Amit Kumar Saxena - Respondent

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 - S.166 - Compensation - Permanent Disability - Future Prospects - Calculation

Motor Vehicles Act, 1988 - S.166 - Compensation - Amputation - Artificial Limb - Pain and Suffering - Loss of Amenities

Motor Vehicles Act, 1988 - S.166 - Compensation - Enhancement

Ratio decidendi

• In cases of permanent physical disability, compensation for loss of future prospects is to be calculated by adding 40% of the amount determined for permanent disability.
• For amputation of a lower limb, a consolidated amount can be awarded towards pain and suffering, loss of amenities of life, and the cost of an artificial limb.

Important points

• Held, compensation for permanent disability and future prospects enhanced from Rs. 8,14,000/- to Rs. 9,65,120/-.
• Directed, enhanced compensation amount to be invested in Fixed Deposit Receipts for three years, with monthly interest payment to the appellant.
• Clarified, Tribunal rightly applied multiplier of 15 based on appellant's age of 38 years at the time of accident.
• Affirmed, Tribunal rightly assessed income as Rs. 3,000/- per month for a skilled worker, rejecting unproven Exhibit-101.
• Confirmed, 40% permanent physical disability due to left leg amputation, as per Medical Board certificate, is accepted.

Keywords