G. Dhanasekar Vs. M.D., Metropolitan Transport Corporation Limited

G. Dhanasekar Vs. M.D., Metropolitan Transport Corporation Limited

MACT – Compensation for functional disability

Civil Appeal No(s). 2008-09 of 2014 [Arising out of S.L.P.(Civil) Nos. 35565-35566/2011]-Decided on 12-2-2014.

Whether an accident victim is entitled to get compensation for functional disability? If so, what is the method for computation of compensation? These are the two issues arising for considerations in this case. …. appellant is a driver operating a tourist taxi. On account of the physical disability referred to above, it needs no elaborate discussion to hold that he would not be in a position to continue his avocation at the same rate, or in the same manner as before. He was aged 46 years at the time of accident. Therefore, we are of the view that it is a case where the appellant should be given just and reasonable compensation for his functional disability as his income has been affected. The court has to make a fair assessment on the impact of disability on the professional functions of the victim. …. In the assessment of the doctor, it is 35%. Since the appellant is compensated for functional disablement, he will not be entitled to any other compensation on account of physical disability or loss of earning capacity, etc. However, he is entitled to reimbursement towards medical expenses, etc...read more