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2010 Supreme(SC) 991

R.V.RAVEENDRAN, H.L.GOKHALE
Raj Kumar – Appellant
Versus
Ajay Kumar – Respondent


Judgement Key Points

Based on


ORDER

R.V.RAVEENDRAN, J.

1. Leave granted. Heard.

2. The appellant was injured in a motor accident on 1.10.1991 and sustained fracture of both bones of left leg and fracture of left radius. He was under treatment from 1.10.1991 to 16.6.1992. The Motor Accident Claims Tribunal, by award dated 20.7.2002, awarded compensation of Rs.94,700/-, with interest at 9% per annum from the date of petition till date of realization. The amount awarded was made up of Rs.11,000/- towards medical expenses, conveyance and special diet; Rs.3600/- towards loss of earning during period of treatment; Rs.25,000/- for pain and suffering; and Rs.55,080 towards loss of future earnings. For calculating the loss of future earnings, the Tribunal took the minimum wage as the monthly income of the appellant, that is Rs.891/- rounded off to Rs.900/- and deducted one-third therefrom towards the personal and living expenses; and by assuming the percentage of disability (45%) shown in disability certificate to be the economic disability, the Tribunal arrived at loss of future earnings as 45% of Rs.600/-, that is Rs.270/- per month or Rs.3,240/- per annum. By applying a multiplier of 17, it arrived at













































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