In case of compensation for permanent injury suffered in a motor vehicle accident, the loss of earning capacity of the victim alone is not the factor to be taken into account- SC

The Supreme Court stated last week that in a case of compensation for permanent injury suffered in a motor vehicle accident, the loss of earning capacity of the victim alone is not the factor to be taken into account. Dependence on others for normal life and personal comforts should also be considered, the court stated in the appeal case, B Kothandapani vs Tamil Nadu SRTC. In this case, a person working as a foreman of a factory lost his middle finger of the right hand and sight in one eye. The tribunal awarded Rs 5 lakh, but the Madras high court reduced it by Rs one lakh maintaining that the permanent disability was not so serious. Taking a liberal view, the Supreme Court restored the tribunal’s award stating that apart from loss of earning capacity, the pain and suffering and loss of enjoyment of life should also be considered in such cases.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs. 4330- 4331 OF 2011

(Arising out of S.L.P. (C) Nos. 15569-15570 of 2007)

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