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.