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august 2010

Supreme Court of India · 2010-08-31

YADAVA KUMAR vs DIV.MANGR.,NATIONAL INSURANCE CO.L.

Citation / case number
SC 2009/38974
Court
Supreme Court of India
Petitioner
YADAVA KUMAR
Respondent
DIV.MANGR.,NATIONAL INSURANCE CO.L.
Author
GANGULY
Bench
G.S. SINGHVI,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court addressed the appeal against the Karnataka High Court's enhancement of compensation from Rs.52,000 to Rs.72,000 under the Motor Vehicles Act, 1988, specifically referencing Section 163A. The Court established that the Tribunal and High Court failed to account for 'loss of future earnings' despite recognizing significant disabilities affecting the appellant's ability to work as a painter. The Court held that the compensation must include considerations for future earnings loss due to the established disabilities, thereby remanding the case for recalculation of compensation.

YADAVA KUMAR vs DIV.MANGR.,NATIONAL INSURANCE CO.L. · Niyam