. How Much Compensation Is Enough To Incapacitate An Individual For Life?? | LawQuest

How Much Compensation Is Enough To Incapacitate An Individual For Life??

Submitted by Vidhi Agarwal P... on Thu, 05/19/2011 - 12:35

 

 

This article is in the wake of recent motor vehicle accidents in Mumbai. What happens to families of the sole earning member who is incapacitated with a permanent injury due to an individual’s (motor vehicle driver) negligence and recklessness on the road? Has the guilty debilitated only the injured or the entire family of the injured? How much compensation can be awarded to such a family whose member gets dependant on others for normal life and personal comforts? In B Kothandapani vs Tamil Nadu SRTC1, the tribunal awarded Rs. 5 lakh to a person working as a foreman of a factory lost his middle finger of the right hand and sight in one eye. However the Madras High Court contracted his compensation to Rs. 1 lakh upholding that the permanent disability was not very grave. Conversely, in an appeal, the Supreme Court restored the tribunal’s award affirming that besides loss of earning capacity; pain, suffering and loss of enjoyment of life are also factors that must be considered in such cases.
 
By Vidhi Agarwal, Partner.
life are also factors that must be considered in such cases.This article is in the wake of recent motor vehicle accidents in Mumbai. What happens
to families of the sole earning member who is incapacitated with a permanent injury
due to an individual’s (motor vehicle driver) negligence and recklessness on the road?
Has the guilty debilitated only the injured or the entire family of the injured? How
much compensation can be awarded to such a family whose member gets dependant on
others for normal life and personal comforts? In B Kothandapani vs Tamil Nadu SRTC1,
the tribunal awarded Rs. 5 lakh to a person working as a foreman of a factory lost his
middle finger of the right hand and sight in one eye. However the Madras High Court
contracted his compensation to Rs. 1 lakh upholding that the permanent disability was
not very grave. Conversely, in an appeal, the Supreme Court restored the tribunal’s award
affirming that besides loss of earning capacity; pain, suffering and loss of enjoyment of
life are also factors that must be considered in such cases.
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