Case Name : Raj Kumar vs Ajay Kumar and Another Case Reference: (0000) 0 SCR 00 : (2011) 1 SCC 343 Neutral Citation: Case Number: CA 8981/2010 Court: Supreme Court Bench: 02 Coram: RV Raveendran, HL Gokhale Date: 18.10.2010
Person has to be compensated not just for physical injury but loss suffered as a result of such injury (Para 5) The person is to be compensated for inability to lead a full life, enjoy normal amenities he would have enjoyed and also inability to earn as much/could have earned but for the injuries (but-for test)
Meaning of permanent disability (Paras 8, 10-11) Considerations by Tribunal, {three-step process} (Paras 12-13) Different considerations for different professions (Paras 13-14)
Tribunal not a neutral umpire
The tribunal is an active explorer and seeker of truth to determine what is just compensation (Para 16)
Principles summarised for MACT claims
(Para 19)
Doctors should not be made to wait in to give evidence
Doctors should be called at fixed time (Para 23)
Refer also:
Judgment name
See also: MV Act - Section 168 MV Act - Section 169