VidhiSangh

Supreme Court of India · 01/07/2019

PARMINDER SINGH versus NEW INDIA ASSURANCE CO. LTD. & ORS.

[2019] 8 S.C.R. 986 · 2019 INSC 704

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Compensation for a severely injured driver was enhanced using proved monthly earnings of ₹10,000, 50% future prospects and total functional loss of earning capacity despite a 75% physical-disability assessment. Separate amounts were granted for past treatment and future medical and attendant needs. Although invalid licences relieved the insurer of ultimate liability, it was directed to pay the enhanced award first and recover from the owners and drivers.

Issues

  1. How the claimant’s income and functional disability should be assessed for compensation.
  2. What treatment and attendant expenses were justified.
  3. Whether the insurer should pay first despite invalid driving licences.

Held

Result

Appeal allowed: ₹32.40 lakh lost earnings, ₹7.50 lakh past medical expenses and ₹10 lakh future medical/attendant costs, with 9% interest from claim petition until recovery. Insurer to pay within 12 weeks by demand draft in claimant’s name, with recovery rights against owners and drivers of both trucks. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 986.