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july 2017

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.

The New India Assurance Co. Ltd. vs Gajender Yadav And Ors. · Niyam