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january 2009

Supreme Court of India · 2009-01-13

ORIENTAL INSURANCE CO.LTD. vs RAM PRASAD VARMA .

Citation / case number
SC 2006/19099
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO.LTD.
Respondent
RAM PRASAD VARMA .
Author
S.B. SINHA
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court upheld the compensation awarded under Section 166 of the Motor Vehicles Act, affirming the Tribunal's application of a multiplier of eight for calculating future earnings loss due to permanent disability from a motor vehicle accident. The Court clarified that while the Second Schedule of the Motor Vehicles Act sets a maximum annual income of Rs.40,000 for compensation calculations, the unique circumstances of the case justified the higher multiplier. The High Court's reduction of interest from 12% to 9% was also addressed, with the Court emphasizing the entitlement to full compensation for the claimant's injuries and loss of income.

ORIENTAL INSURANCE CO.LTD. vs RAM PRASAD VARMA . · Niyam