Supreme Court · 2011 INSC 681 · Decided 13 September 2011
D. Sampath v. United India Insurance CO. LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 681 · [2011] 11 S.C.R. 420
- Case number
- CIVIL APPEAL No. 7824/2011
- Decided
- 13 September 2011
- Bench
- G.S. SINGHVI, H.L. DATTU (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act
Headnote
Motor Vehicles Act, 1988 - Compensation - Assessment of - Motor vehicle accident - According to the C doctor, the pillion rider suffered 75% disability - Tribunal quantified the compensation payable by the Insurance Company at a sum of Rs. 3,50,0001- - High Court enhanced the compensation to Rs. arriving at the loss of earning capacity in a sum of Rs. 8, 16, 0001- and reducing D the disability to 50% - On appeal, held: High Court erred in reducing the disability to 50% while calculating the loss of income - While making disability assessment, there is an element of guess work, but that
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