vivek sinha 06 August 2021

mact claim compensation in case of disability due to road accident

I suffered 80% disability due to a road accident. I didn't lose my job due to disability but my job requires lots of physical activities which I am not able to perform and not able to work properly in my current job due to which I am resigning my job. My age is 34 and I have a wife. Will loss of future earnings be considered in my case during claim calculations?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 06 August 2021

Damages have to be assessed under two heads, viz; Pecuniary Damages and Special or General Damages.

Pecuniary Damages may include expenses incurred by the claimant on:

Medical treatment, attendance, transportation, special diet, etc;
Actual loss of earning of profit up to the date of trial; Future loss of earning
Non- pecuniary Damages include:

Damages for mental and physical shock, pain and suffering already suffered or likely to be suffered in the future;
Damages to compensate for the loss of amenities of life which may include a variety of matters, i.e., on account of injury the claimant may not be able to walk, run or sit.
HOW TO FILE CLAIM APPLICATION

Claim application can be filed under Section 163A for claim to be determined on structural formula basis provided in Schedule-II.