Permanent disability to the extent of 44%, and lost hearing power of one ear and vision of right eye – Applying the minimum wages payable to daily wagers, at D.C. Rates, income of the appellant is assessed as Rs.5,000/- per month -- Concededly, the appellant was 36 years of age -- In these circumstances, by applying multiplier of '16', loss of future income would be Rs.5,000 X 12 X 16 = Rs.9,60,000/-, 25% of which comes to Rs.2,40,000/- -- Rs. 50,000/- awarded by Tribunal for pain and suffering is further enhanced by Rs.50,000/-.

(P&H HC) Decided on: 28.05.2016

55% disability of driver – Not able to work as driver – Future loss of income – Assessment of -- Monthly income Rs.4500/- -- Due to this injury, doctor opined that appellant has suffered 55% disability and cannot drive any motor vehicle in future due to the same – Appellant was present in person in the High Court and right hand of the appellant was found to be completely crushed and deformed -- When it comes to loss of earning due to permanent disability, the same may be treated as 100% loss since he will never be able to work as a driver again -- Contention of the respondent Insurance Company that the appellant could take up any other alternative employment is no justification to avoid their vicarious liability -- Applying the appropriate multiplier as per the principles laid down by this Court in the case of Sarla Verma & Ors.’s case (2009) 6 SCC 121, the total loss of future earnings of the appellant will be at Rs.54,000 X 16 = Rs.8,64,000/-.

(SC) Decided on: 18.02.2015

Functional disability -- Doctor assessed the permanent disability at 58% to the whole body -- Held, once Disability Certificate was accepted as credible and reliable, there was no reason to treat the 'functional disability' at 25% -- Appellant was working as Goundi i.e. at the building construction sites -- Such a work requires good health and extreme fitness as it is a strenuous task which involves lot of physical activities -- It has also come on record he suffers from general weakness and is not capable of doing heavy work -- He is even unable to walk and stand for a long time -- Functional disability is to be taken at 85% -- Loss of future income would work out to Rs.5,35,500/- (Rs.3,750/- x 85% x 12 x 14) -- Similarly, for pain and suffering amount increased to Rs.60,000/-.

(SC) Decided on: 10.10.2014