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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2012-SC-MAC-....
Judgement Subject Index/Important Decision/Topic

ILC-2011-SC-MAC-May-1

B. Kothandapani Vs. Tamil Nadu State Transport Corporation Ltd.

Quantum of compensation - In question - Appellant-claimant sustained grievous injuries in a motor vehicle accident - Claim lodged - Tribunal found that the accident was caused due to the negligence of the driver of the Tamil Nadu Corporation, thus, quantified the compensation to Rs.5,05,053.45/- - The High Court modified the award of the Tribunal to Rs.4,05,053.45/- as compensation payable to the appellant-claimant - Appeals - Whether the appellant is entitled to a sum of Rs. 1,00,000/- towards "permanent disability" in addition to the amount awarded under the head "loss of earning capacity" - Held yes - Disability Certificates, issued by the two doctors, show that the appellant had disability to the extent of 90% - Partial loss in the eye sight, loss of middle finger of the right hand not only affects the claimant's earning capacity but also affects normal avocation and day-to-day work - Tribunal was fully justified in granting a sum of Rs.1,50,000/- towards permanent disability - Impugned order of the High Court set aside and of the Tribunal restored - Appeals allowed.

BENCH:

Advocates For the Appellant(s) :

Topic(s)-Motor Accident Claim , Quantum of compensation

Important Decision(s)-Doctors, show that the appellant had disability to the extent of 90% - Tribunal was fully justified in granting a sum of Rs.1,50,000/- towards permanent disability.







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