Motor Vehicles Act,1988  - Motor Accident Claim

Motor Accident Claim - Extent of disability - Injured in a motor accident - Tribunal awarded compensation of Rs.94,700/-, with interest at 9% per annum - Appeal -Increase in compensation - High Court - Rejected - Appeal - Tribunal proceeded on basis permanent disability 45% - Loss of his future earning capacity also 45% - Tribunal overlooked the fact - Disability certificate referred to 45% disability to left lower limb - Not in regard to the entire body - Permanent disability of the limb could not considered to functional disability of the body nor could be assumed - Result in a corresponding extent of loss of earning capacity - As the disability would not have prevented from carrying on his avocation as a cheese vendor- It might impede in his smooth functioning - While assessing - Permanent functional disability of body as 25%-loss of future earning capacity as 20% -Court increased the compensation by Rs.20,000/- with interest rate awarded by the Tribunal - Appeal partly allowed.

Topic(s)-Motor Accident Claim , Extent of disability , Permanent disability

Important Decision(s)- Extent of disability - Functional disability of the body nor could be assumed.