P&H: Percentage of permanent physical disability cannot be mechanically treated as percentage of loss of earning capacity - Enhances Compensation for Amputee Claimant
The Punjab and Haryana High Court has substantially enhanced compensation awarded to a motor accident victim who suffered amputation of his right leg in a 2009 road accident. Justice Deepak Gupta held that the Tribunal had underestimated the claimant’s functional disability, income, future prospects and non-pecuniary damages.
The claimant had approached the court seeking enhancement of the award passed by the Motor Accident Claims Tribunal, Sonipat. He said the accident occurred due to rash and negligent driving of the offending vehicle, and that the injury led to amputation of his right lower limb from below the thigh. He claimed that...
