Motor Accident Claims: Bombay High Court Reiterates Heads Under Which Compensation Can Be Awarded In “Personal Injury” Cases

Case: Manager, National Insurance Co.Ltd v Shri Nilesh Suresh Bhandari and ors

Coram: BHARATI DANGRE, J.

Case No.: FA 9699 OF 2020

Court Observation: “When a claimant suffers a disability as a result of such injuries and on ascertaining that the disability is of permanent nature, the assessment of compensation under the head of ‘loss of future earnings, would depend upon the effect and impact of such permanent disability on his earning capacity. It is expected that the mechanical formulae of calculating the loss of earning capacity depending upon the percentage of permanent disability, is not to be applied as in most of the cases, the percentage of economic loss i.e. the percentage of loss of earning capacity, arising from a permanent disability will be different from the percentage of permanent disability.”

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Keywords

Compensation In Personal Injury Cases, Motor Accidental Claims, Bombay High Court