Supreme Court Clarifies Functional Disability Assessment and Future Prospects Calculation in Motor Accident Claims
Highlights of the Judgment:
- Analysis of the distinction between physical disability and functional disability in motor accident claims.
- Application of the landmark precedent in Raj Kumar v. Ajay Kumar regarding loss of earning capacity.
- Critique of the mechanical application of physical disability percentages to determine economic loss.
- Assessment of functional disability at 100% for manual laborers suffering limb amputations.
- Correction of mathematical errors in computing future prospects on enhanced income.
- Guidelines on enhancing compensation for periodic replacement of artificial limbs.