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Dinesh Singh v. Bajaj Allianz General Insurance

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 8215-8216 of 2009)Decided 23 Apr 2014
Civil Appeal Nos. 8215-8216 of 2009
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice N.V. Ramana

Background

A 24-year-old metallurgy engineer lost a leg in a road accident and had to leave his engineering job for desk work. The Tribunal awarded Rs.30,60,160, but the High Court reduced it to Rs.6,32,000, partly because he had obtained another job. He challenged that reduction.

Decision Breakdown

The Supreme Court allowed the appeals and awarded Rs.33,10,160 with 6% annual interest from the claim's filing until payment. His later desk job did not eliminate the permanent disability's effect on his engineering career and prospects. The Court restored compensation for two years without employment and future earnings loss assessed using the established 60% disability. It also increased or restored amounts for pain, amenities, marriage prospects, medical expenditure and future treatment, including artificial-limb needs.

Lesson Learnt

Returning to work after an accident does not necessarily remove loss of earning capacity. Compensation should consider how the disability affects the person's profession, career prospects, daily life and continuing treatment needs.

Official source (sci.gov.in)View Judgment (PDF)

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