Arvind Kumar Mishra Vs. New India Assurance Co. Ltd. and another
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Head Note
Motor Vehicles Act,1988 - Section 163-A
Second Schedule - Application of Second Schedule - Compensation under Section 166 of the Act - Second Schedule has no application to claim petition made under Section 166 of the Act.
Motor Vehicles Act,1988 - Section 168 , Section 173
Quantum Personal injury - Injured aged about 25 years - Injured a final year Engineering (Mechanical) student in a reputed college - Remarkably brilliant student having passed all his semester examinations in distinction - Suffered grievous injuries - Remained in coma for about two months - Amputation of right hand and vision seriously affected - Permanent disablement to extent of 70% - Required domestic help throughout his life - Deprived of pecuniary benefits - No evidence that he was selected in campus interview and was offered pay package of Rs. 3,50,000/- Future earning assessed at Rs. 60,000/- p.a. - Since he suffered 70% permanent disability, loss of future earning assessed at Rs. 42,000/- p.a. - Multiplier of 18 applied and loss towards future earning worked out at Rs. 7,56,000/- plus Rs. 1,50,000/- awarded by Tribunal towards treatment and medical expenses upheld - Compensation enhanced from Rs. 3,00,000/- to Rs. 9,06,000/- with interest at 9% p.a.
Advocates For the Respondent(s) :
A.K. Raina, Anil Kumar Jha, Advocates
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Topic(s)-Quantum Personal injury