Claimant-Driver is injured with 100% disability for earning – Compensation in motor vehicle accident claim case -- Appellant aged 30 years was working as a professional driver – Minimum wages as per Government notification taken as Rs. 3500/- per month -- After considering 50% enhancement for future prospects, the compensation for permanent disability can be calculated at (Rs.3,500/- + Rs.1750/-) x 12 x 17 = Rs.10,71,000/- -- Rs. 73,500 for loss of earning (Rs. 3,500/- X 21 months) since the appellant was unable to work for 21 months from the date of the accident till the filing of the claim petition -- Rs.1,50,000/- for the pain and suffering and Rs.1,50,000/- for the loss of amenities and enjoyment of life caused to the appellant due to the accident -- Appellant is in vegetative state of condition and will continue to be so in the future, a sum of Rs.1,00,000/- towards future medical expenses, Rs. 10,000/- for expenses on extra nourishment and Rs. 10,000/- for transportation, which would be just and proper – Rs. 500/- for damages to clothing, Rs. 22,400/- for expense for treatment and Rs.10,000/- for expense for bystander allowed – Amount will be payable with interest @ 9% p.a.
(SC) Decided on: 28.07.2015
