Supreme Court

SC Emphasizes Work Nature for Assessing Motor Accident Compensation

The Supreme Court recently highlighted the importance of considering the nature of work performed by an injured person when evaluating the physical disability resulting from a motor accident for the purpose of compensation.

A division bench comprising Justice Abhay S. Oka and Justice Rajesh Bindal emphasized that the impact of the same injury can vary depending on the nature of the individual’s occupation.

The case involved an appellant who suffered an accident leading to the amputation of his right lower limb. Prior to the accident, he worked as a gunman for Bharat Hotels, but was terminated following the injury. The Motor Accident Claims Tribunal awarded him compensation of ₹34,29,800, considering his functional disability at 100% in relation to his occupation. However, the insurance company appealed the decision before the Delhi High Court, which reduced the compensation to ₹30,37,595, assessing the loss of earning capacity at 80%.

The appellant argued that his functional disability should be considered at 100% and that the reduction to 80% was unjustifiable, as he lost his job due to the accident. The insurance company contended that there was an error in the Tribunal’s calculation, which was rectified by the High Court based on the disability certificate indicating a permanent physical disability of 85%.

Setting aside the High Court’s order, the Supreme Court upheld the Tribunal’s assessment of the appellant’s functional disability at 100%. Considering his job as a gunman and the fact that he lost his employment due to the amputation, the Court ruled that the loss of earning capacity should not be reduced to 80% based on the High Court’s judgment. The appellant’s complete inability to fulfill his duties as a gunman justified the Tribunal’s decision.

Nunnem Gangte

Recent Posts

Centre Opposes Ex-Judges Panel To Monitor Stubble Burning In SC

The Centre on Friday opposed a proposal in the Supreme Court to form a committee…

2 hours ago

“It’s A Celebration For Us”: Delhi HC Bar Association Felicitates CJI Sanjiv Khanna

The Delhi High Court Bar Association on Friday honored Chief Justice of India Justice Sanjiv…

2 hours ago

International Criminal Court Issues Arrest Warrant For Israeli PM Netanyahu

The International Criminal Court has recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu,…

3 hours ago

Cal HC Stays Demolition Of Illegal Constructions In WB’s Mandarmoni

The Calcutta High Court on Friday granted an interim stay on the demolition of alleged…

3 hours ago

SC To Pass Order On Pleas To Efface Words ‘Secular’, ‘Socialist’ From Preamble

The Supreme Court on Friday announced that it would deliver its order on November 25…

4 hours ago

Air Pollution: SC Questions Delhi Govt On Truck Entry Amid GRAP-4 Restrictions

The Supreme Court raised concerns on Friday about the "drastic" consequences of the GRAP Stage…

4 hours ago