Motor Vehicles Act, 1988, Section 166

Motor Vehicles Act, 1988—Section 166—Accident—Compensation—Held, compensation payable to a victim of motor accident who had suffered some serious permanent disability resulting from the loss of a limb etc., held, cannot be scaled down on the basis of a a hypothetical conjecture that notwithstanding the disability, the victim could make up for the loss of income by changing his vocation or by adopting another means of livelihood—The party advocating for a lower amount of compensation for that reason must plead and show before the Tribunal that the victim enjoyed some legal protection (as in the case of persons covered by The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995) or in case of the vast multitude who earn their livelihood in the unorganized sector by leading cogent evidence that the victim had in fact changed his vocation or the means of his livelihood and by virtue of such change he was deriving a certain income.