In The Case Of Sarnam Singh Vs Shriram General Insurance Co. Ltd. & Ors.before The Supreme Court Of India

FACTS OF THE CASE

• The appellant has preferred the present appeal against the impugned judgement passed by the Delhi High Court dated 25.8.23.
• The appellant met with an accident on 24.11.2013 due to which he hit severe injuries. He remained hospitalized for a month and ten days.
• He has suffered 85% disability due to which his service was terminated. The Motor Vehicles Tribunal awarded Rs.30,84,800 while taking 100% functional disability.
•  The High court reduced the compensation awarded to the appellant to Rs.28,43,000

CONTENTIONS OF THE PARTIES 

• The learned counsel appearing on behalf of the appellant submitted that the High Court vide its Judgement had committed error in reducing the loss of earnings capacity to 80%.
• The learned counsel appearing on behalf of the respondent opposed the contentions of the appellant AMD submitted that the High Court had rightly reduced the compensation.

OBSERVATIONS OF THE COURT

• The apex court allowed the appeal.
• The court held that the tribunal was right in holding the loss of capacity earning as 100% and determining compensation.
• The apex court held that the High Court has committed error in reducing the loss of earnings capacity consequently reducing the compensation.