S. Shakul Hameed v. Tamil Nadu State Transport Corporation Limited
Background
A vendor injured in a motor accident was awarded compensation based on a low statutory-schedule income figure and, later, a reduced disability assessment the insurer never even appealed.
Decision Breakdown
The Supreme Court held the claim was really a fault-based Section 166 claim (not restricted to the statutory schedule), fixed a reasonable notional income, applied the correct multiplier and future-prospects enhancement, and restored the original 50% disability finding since the insurer never appealed its reduction.
Lesson Learnt
Courts look at the real substance of a claim, not just the section cited on the form; an appellate court cannot reduce a finding in a claimant's favour that the other side never even appealed.