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february 2011

Supreme Court of India · 2011-02-07

Syed Mehaboob vs The New India Assurance Ltd

Citation / case number
AIRONLINE 2011 SC 391
Court
Supreme Court of India
Petitioner
Syed Mehaboob
Respondent
The New India Assurance Ltd
Bench
Asok Kumar Ganguly, G.S. Singhvi

Judgment text excerpt

The Supreme Court upheld the principle of compensation under Section 166 of the Motor Vehicles Act, 1988, emphasizing that the assessment of damages must consider the claimant's occupation and the extent of physical disability affecting earning capacity. The Court found that the High Court's reduction of compensation was unjustified, as it did not adequately account for the appellant's permanent disability and loss of future earnings. The Court restored the original compensation amount of Rs.5,77,800/- awarded by the Motor Accident Claims Tribunal, along with interest.

Syed Mehaboob vs The New India Assurance Ltd · Niyam