S. Ettiappan v. D. Kumar - Motor Accident Compensation

Motor Accident Compensation - While assessing the quantum of compensation, an onerous duty is cast on the tribunal or the appellate court to award just and reasonable compensation keeping in mind the nature of injury sustained, consequential functional disability suffered and offset the loss of income - While assessing the compensation in case of claims arising out of motor vehicle accident, it would be the functional disability which will have to be taken into consideration for award of future loss of income- tribunal would not sit in the armchair of an expert and re-assess the disability, particularly, when there is clear evidence available- A claimant being ignorant or being rustic villager or not being aware of the procedural law would seek award of compensation on account of disability suffered in a road traffic accident and while adjudicating such claims the social beneficial legislation requires to be interpreted and applied in a meaningful manner or in other words it would be the duty of the adjudicating tribunal or Court to award just and reasonable compensation and procedural lacunae should not come in the way. (Para 7-8)