Tuesday, October 18, 2011

Motor Vehicles Act, 1988, Section 166

Motor Vehicles Act, 1988—Section 166—Accident—Compensation—Disability suffered by the claimant assessed at 75%—High Court, however, while assessing the compensation payable to the claimant took into account 50% disability while calculating the loss of income without any rhyme or reason—Held, this is a mistake committed by the High Court—It is no doubt true that, while making assessment, there is an element of guess work, but that guess work again must have reasonable nexus to the available material/evidence and the quantification made.

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