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september 2011

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.

D.Sampath vs United India Ins.Co.Ltd.& Ors · Niyam