Supreme Court of India · 2017-07-13
The New India Assurance Co. Ltd. vs Gajender Yadav And Ors.
- Citation / case number
- AIRONLINE 2017 SC 495
- Court
- Supreme Court of India
- Petitioner
- The New India Assurance Co. Ltd.
- Respondent
- Gajender Yadav And Ors.
- Author
- Kurian Joseph
- Bench
- R. Banumathi, Kurian Joseph
Judgment text excerpt
The Supreme Court upheld the High Court's modification of compensation awarded to the claimant under the Motor Vehicles Act, emphasizing the principles laid down in Raj Kumar Vs. Ajay Kumar & Anr. (2011) 1 SCC 343 and Sandeep Khanuja Vs. Atul Dande & Anr. (2017) 2 SCALE 314 regarding future loss of earnings due to permanent disability. The Court noted the claimant's 85% permanent disability and the impact on his employment as a Security Officer, ultimately awarding a total compensation of Rs. 27,14,835/-. The decision reinforces the need for a case-specific approach in calculating compensation for functional disabilities.