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november 2017

Supreme Court of India · 2017-11-06

Ankur Kapoor Thr. Gpa vs Oriental Insurance Company Ltd

Citation / case number
AIR 2017 SC (SUPP) 302
Court
Supreme Court of India
Petitioner
Ankur Kapoor Thr. Gpa
Respondent
Oriental Insurance Company Ltd
Author
Mohan M. Shantanagoudar
Bench
Mohan M. Shantanagoudar, S.A. Bobde

Judgment text excerpt

The Supreme Court held that in cases of permanent disability due to accidents, compensation must be awarded under specific heads as established in Raj Kumar vs. Ajay Kumar (2011) 1 SCC 343, including pecuniary damages for treatment, loss of earnings, and future medical expenses, as well as non-pecuniary damages for pain and suffering. The Court found that the lower courts failed to quantify compensation under these separate heads, resulting in inadequate compensation. The appeal for further enhancement of compensation was thus upheld, emphasizing the need for a detailed assessment of damages.

Ankur Kapoor Thr. Gpa vs Oriental Insurance Company Ltd · Niyam