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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.
     
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