HomeIndia News'The person suffering from grievous injury also suffers mental and emotional loss',...

‘The person suffering from grievous injury also suffers mental and emotional loss’, Supreme Court gives big relief to the accident victim

New Delhi: The Supreme Court has given an important decision on Thursday regarding the victims of road accidents. The Supreme Court has said in one of its important orders that if a victim has suffered such serious injuries in an accident that he has become a victim of permanent physical disability, then the loss of his future income will also be assessed at the time of compensation. The Supreme Court has made it clear in its decision that if the injury is such that it causes permanent physical disability, then compensation for the loss of future income can be sought from the victim in case of such an accident. The Supreme Court took a contrary view to the opinion of the Tribunal and the High Court in this matter.

The Supreme Court observed that the view taken by the Tribunal and the High Court in this matter is a narrow view that in case of death of the Victim, the future earning potential can be assessed. The Supreme Court said that the Victim who has gone through such a serious injury due to which he has permanent physical disability, then such Victim will also get compensation for the loss of future income and future income will be assessed. The High Court had asked for a compensation of Rs 9 lakh 26 thousand to be given to the Victim in this case, which was increased by the Supreme Court and directed to give a total compensation of Rs 21 lakh 78 thousand by adding the loss of future income.

Such a mosque of Gujarat in which Namaz is not offered, the facts of the country’s oldest mosque will surprise you
The Supreme Court said in its decision that it is a settled principle that when someone meets with an accident and because of that there is permanent physical disability, then the loss of future income will also be assessed and compensation will have to be given accordingly. We have come across several tribunal orders and High Court orders but in those cases it has been held that loss of future income has not been assessed in cases where injury has resulted in permanent physical disability.

Gyanvapi Case: Court will hear the matter of worship of Shivling found in Gyanvapi mosque, shock to the Muslim side
The Supreme Court said that such an arrangement and taking votes is not legal and it is not a correct interpretation of the law. There is no justification for not taking into account the loss of future income of the victim of permanent physical disability due to injury in computing the amount of compensation. Assessment of future loss only in case of death is a narrow interpretation of this legal provision. The Supreme Court has said that the court should have a judicious attitude. The grievous injury causes severe mental and emotional impairment leading to permanent physical disability. Such Victims are victims of the incident and become physically disabled. They have to undergo severe mental depression because they know that unlike the body they got after their birth, now they have to live differently in the world. .

what is the whole matter
This case is of Belgaum. The victims were walking on the Gulgod-Golak road. Meanwhile, on July 18, 2012, a vehicle hit him. It is alleged that the driver was driving in a negligent manner and hit the victim who was traveling on the left side of the road. 45 percent of the victims of this incident became a victim of permanent physical disability. The victim had a business of selling utensils. Belgaum Motor Accident Claims Tribunal directed to pay compensation of Rs 6 lakh 13 thousand to the victim. The High Court fixed the compensation amount at Rs 9 lakh 26 thousand. After which the matter came before the Supreme Court.

RELATED ARTICLES

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -

Most Popular

Recent Comments