Compensation in motor vehicle accident case – Permanent disability -- Functional disability – Assessment of compensation under the head ‘loss of future earning’, would depend upon the effect and impact of such permanent disability on earning capacity – Assessment is not to be done mechanically only on the percentage of physical disability – Age, profession, nature of work, and the related factors, as well as the permanent disability suffered need to be taken into account for that purpose.

(P&H HC) Decided on: 04.11.2022

Compensation in motor vehicle accident case – Permanent disability -- Functional disability – Accident on 7.5.1994 -- Income taken as Rs. 5,000 per month -- Disability of 15% qua the affected limb has been found to be 9% qua the whole body -- At the time of accident, he was 42 years of age, and in active practice as an advocate before High Court -- Disability suffered, leading to shortening of leg by ½ inch, and the resultant difficulty in running, squatting and free movements to the claimant, would naturally have affected his professional life as well as the earning capacity – Loss of earning capacity treated as 10% of the assessed income -- Multiplier of 14 applied – Appellant-claimant held entitled to Rs. 84,000 as compensation for loss of future earnings with interest at the rate of 9% per annum from the date of filing the claim petition till its actual realization.

(P&H HC) Decided on: 04.11.2022