AIROnline 2025 SC 705

Supreme Court Of India

(From : AIROnline 2021 KAR 1628)

Hon'ble Judge(s): Sudhanshu Dhulia, Aravind Kumar , JJ

Motor Vehicles Act (59 of 1988) , S.166— Motor accident - Injury claim - Enhancement of compensation - Injured was aged about 38 years and was engaged in tailoring business at the time of accident - High Court had erred in excluding future prospects since it is settled law that even self employed persons are entitled to future prospects - Addition of 40% was made towards future prospects - Functional disability of injured assessed at 41.77% by Neuropsychologist using validated testing was neither rebutted nor doubted - There was no contrary medical evidence - Tribunal and High Court erred in adopting disability at 35% without any reasoning - Functional disability was taken to be 41.77% - Award was modified to that extent - Compensation was enhanced accordingly. AIROnline 2021 KAR 1628-Partly ReversedAIROnline 2021 KAR 1628-Partly Reversed (Para 7 8 9 10 11) .....