Supreme Court of India · 2007-11-02
SUNIL KUMAR vs RAM SINGH GAUD .
- Citation / case number
- SC 2005/12257
- Court
- Supreme Court of India
- Petitioner
- SUNIL KUMAR
- Respondent
- RAM SINGH GAUD .
- Author
- D.K. JAIN ASHOK BHAN
- Bench
- D.K. JAIN ASHOK BHAN
Judgment text excerpt
The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1998, the appellant is entitled to compensation for loss of earning capacity due to permanent disability resulting from an accident. The Court found that the Tribunal and High Court erred by not awarding compensation for future loss of income, given the appellant's 45% disability and his inability to continue his vocation as a driver. The Court recalculated the loss of income to Rs.2,59,200/- based on the appellant's age, income, and the applicable multiplier from the Second Schedule of the Act, thereby enhancing the total compensation awarded.