SUPREME COURT e@journal

(2018)1 SCeJ 529

Dod: 6.3.18/ reported 6.3.18

 

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Motor Vehicles Act, 1988  -  Quantification of compensation - Disability 55% - Temporary  - Can be granted both on account of permanent disability as well as loss of future earnings, because one head relates to the impairment of the person’s capacity and the other to the sphere of pain and suffering on account of loss of enjoyment of life by the person himself - Fracture to the left elbow and femur  - Average income of the claimant for the previous three years was Rs. 1,45,231/-,  disability is to the extent of 55 per cent, loss of earning as a result of the aforesaid disability would work out to Rs. 79,877/- per year - The disability being of a temporary nature, award compensation of Rs. 5 lakhs towards loss of income, Rs. 2 lakhs towards trauma, pain and suffering.