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Supreme Court Enhances Compensation to ₹52 Lakhs in Motor Accident Case, Recognizes 100% Functional Disability

Last Updated: 16-10-2024 12:31:01pm
Supreme Court Enhances Compensation to ₹52 Lakhs in Motor Accident Case, Recognizes 100% Functional Disability

In the later case of Chandramani Nanda vs. Sarat Chandra Swain & Anr., the Supreme Court conveyed a judgment on October 15, 2024, essentially upgrading the recompense granted to the appealing party in a engine vehicle mishap case. Chandramani Nanda, the appealing party, had at first looked for ₹30,00,000 in remuneration for wounds supported in an mishap in 2014. The mishap, which included a transport and a car, come about in serious wounds to Nanda, counting a brain harm and breaks that cleared out him out of commission and rationally crippled.

The Motor Accident Claims Tribunal (MACT) had prior granted Nanda ₹20,60,385 in emolument, whereas the High Court of Orissa expanded the sum to ₹30,99,873, recognizing that his 60% physical incapacity likened to 100% utilitarian inability. Disappointed with the High Court's judgment, Nanda offered to the Supreme Court for encourage improvement. 

The Supreme Court upheld the appellant's claims and enhanced the compensation to ₹52,31,000. The Court noted that Nanda's monthly income had been devalued in earlier decisions and considered the increasing nature of his earnings. Moreover, the Court factored in 40% future prospects and awarded compensation for additional aspects, including future medical expenses, future attendant costs, loss of marriage prospects, and increased compensation for pain and suffering.

The judgment reaffirms the principle that courts are not bound by the sum at first claimed in remuneration petitions in case higher stipend is considered fair and sensible. The Court emphasized the obligation of the legal to guarantee reasonable stipend that adjusts with the seriousness of the wounds and the life-altering affect on the casualty. 

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TAGS: Supreme Court Chandramani Nanda motor accident compensation functional disability future prospects pain and suffering enhanced compensation medical expenses Orissa High Court.


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