Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
In order to award compensation in case of personal
injuries, the Apex Court in Raj Kumar Vs. Ajay Kumar and
another1 held as under:
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Md. Feroz Ahmed, Warangal District vs Ch.Laxminarayana, Warangal District ... on 23 June, 2022
cites
Lata Wadhwa & Ors vs State Of Bihar & Ors on 16 August, 2001
In Latha Wadhwa vs. State of
Bihar2 the Apex Court held that even there is no proof of
income and earnings, it can be reasonably estimated minimum
at Rs.3,000/- per month for any non-earning member.
Therefore, this Court is inclined to take the income of the
2
(2001) 8 SCC 197
7
GSD, J
Macma_1967_2015
appellant at Rs.3,000/- per month.
Sarla Verma & Ors vs Delhi Transport Corp.& Anr on 15 April, 2009
In view of the judgment of
Sarla Verma Vs. Delhi Transport Corporation3, the suitable
multiplier to be adopted for calculating the loss of earnings
would be '18' as the appellant was aged about 22 years at the
time of accident. Therefore, the loss of earnings on account of
his 40% disability would be Rs.3,000/- x 12 x 18 x 40/100 =
Rs.2,59,200/-. Believing the medical bills filed by the
appellant, the Tribunal has rightly awarded Rs.90,000/- towards
medical expenses, which need not be disturbed. Though the
learned Tribunal has categorically held that as per Ex.A2-injury
certificate, the appellant had sustained fracture of cut muscle
of thigh, fracture of right thigh bone, fracture of right knee,
fracture of right ligament and also one simple injury and he took
treatment for a considerable period, the amount of Rs.62,000/-
awarded by the Tribunal under the head of pain and suffering
appears to be too meager and this Court inclined to enhance the
same to Rs.80,000/-. Thus, in all the appellant is entitled to
Rs.4,40,200/- (Rs.80,000/- towards pain and suffering,
Rs.90,000/- towards medical expenses, Rs.9,000/- towards loss
of earnings for three months, Rs.2,000/- towards transportation
3
2009 ACJ 1298
8
GSD, J
Macma_1967_2015
charges and Rs.2,59,200/- towards loss of earnings on account
of 40% permanent disability sustained by the appellant).
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
1