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2014 Supreme(SC) 104

SUDHANSU JYOTI MUKHOPADHAYA, KURIAN JOSEPH
G. DHANASEKAR – Appellant
Versus
M. D. , METROPOLITAN TRANSPORT CORPORATION LIMITED – Respondent


JUDGMENT

KURIAN, J.:

Leave granted.

2. Whether an accident victim is entitled to get compensation for functional disability? If so, what is the method for computation of compensation? These are the two issues arising for considerations in this case.

3. Computation of just and reasonable compensation is the bounden duty of the Motor Accident Claims Tribunal. In view of the plethora of judgments rendered by this Court regarding the approach to be made in the award of compensation, we do not find it necessary to start with the first principles. In Rajesh and Others v. Rajbir Singh and Others, (2013) 9 SCC 54 Master Mallikarjun v. Divisional Manager, The National Insurance Company Limited, 2013 (10) SCALE 668 and in Rekha Jain v. National Insurance Company Limited and Others, (2013) 8 SCC 389 this Court recently has extensively dealt with the principles governing the fixation of compensation and the approach to be made by the courts in that regard.

4. In Rekha Jain’s case (supra), this Court following the case of National Insurance Company Limited v. Mubasir Ahmed and

















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