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2025 Supreme(SC) 783

SUDHANSHU DHULIA, K. VINOD CHANDRAN
Kanubhai Gokalbhai Bariya – Appellant
Versus
Jaydipsinh Gopalsinh Parekhiya – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Mohsin M. Hakim, Adv. Mr. Ejaz Maqbool, AOR Mr. Saif Zia, Adv.
For the Respondent(s): Mr. Pradeep Gaur, Adv. Mr. Amit Gaur, Adv. Ms. Sweta Sinha, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Atul Nigam, Adv. Ms. Tanvi Nigam, Adv. Mrs. Priya Puri, AOR Mr. Sachin Dubey, Adv. Ms. Ritim Mangala, Adv. Mr. Sharad Kumar Puri, Adv.

Table of Content
1. injury details and compensation claim. (Para 2)
2. assessment and calculation of compensation. (Para 3 , 4 , 5 , 6)
3. final order and directions for payment. (Para 7 , 8 , 9)

JUDGMENT :

K.Vinod Chandran, J.

1. Leave granted.

2. The appellant while travelling pillion in a bike met with an accident when a bus rammed into the bike, killing the driver of the bike and seriously injuring the appellant. The right leg of the appellant was amputated, below the knee and the right hand was also deformed from the injuries sustained. The appellant before the Tribunal sought a total compensation of Rs.35,00,000/-, asserting a salary of Rs. 12,000/- per month as a watchman, which employment he was not able to continue after the accident, due to the amputation.

3. The Tribunal found contributory negligence on the bike driver which was apportioned @ 20% while the bus driver was found to be more negligent @ 80%. The Tribunal found that the income of the injured as per the documents produced clearly indicated Rs.9,918/- which was adopted for the purpose of deciding the loss of income which also was of a permanent nature due to the permanent physical disability suffered. The Tribunal reli

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