Supreme Court of India · 2011-09-13
D.Sampath vs United India Ins.Co.Ltd.& Ors
- Citation / case number
- AIR 2012 SUPREME COURT 544
- Court
- Supreme Court of India
- Petitioner
- D.Sampath
- Respondent
- United India Ins.Co.Ltd.& Ors
- Author
- H.L. Dattu
- Bench
- H.L. Dattu, G.S. Singhvi
Judgment text excerpt
The Supreme Court held that the High Court erred in calculating the claimant's loss of income by considering only 50% disability instead of the assessed 75% disability as per the Disability Certificate. The Court emphasized that while assessing compensation, the calculation must have a reasonable nexus to the evidence presented. Consequently, the Court recalculated the loss of earning capacity at `6,12,000/- and upheld the High Court's judgment to enhance the compensation from `3,50,000/- to `4,90,000/- but modified the loss of income assessment.