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G. Dhanasekar v. Managing Director, Metropolitan Transport Corporation Limited

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 2008-09 of 2014)Decided 12 Feb 2014
Civil Appeal Nos. 2008-09 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Kurian Joseph

Background

A taxi owner-driver suffered serious arm and leg injuries in a collision with a transport corporation's bus. His restricted movement made driving much more difficult. The tribunal and High Court reduced compensation for alleged contributory negligence and failed to adequately assess the effect on his earning work.

Decision Breakdown

The Court removed the finding of contributory negligence because it conflicted with the supported finding that the bus driver caused the collision. It assessed the taxi driver's functional disability at thirty-five per cent, considering how the injuries affected his occupation rather than applying a medical percentage mechanically. Using the established monthly income and its stated calculation, it awarded total compensation of Rs. 6,13,200, including medical and other losses. Interest was fixed at seven per cent from the claim's filing until payment. It avoided duplicating compensation for the same disability-related earning loss.

Lesson Learnt

Disability compensation depends on what an injury does to the victim's actual work. The same physical impairment can affect different occupations differently, and overlapping heads should not compensate the same loss twice.

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

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