AIROnline 2025 SC 705

Motor Vehicles Act (59 of 1988) , S.166— Motor accident – Injury claim – Enhancement of compensation – Injured was aged about 38 years and was engaged in tailoring business at the time of accident – High Court had erred in excluding future prospects since it is settled law that even self employed persons are entitled to future prospects – Addition of 40% was made towards future prospects – Functional disability of injured assessed at 41.77% by Neuropsychologist using validated testing was neither rebutted nor doubted – There was no contrary medical evidence – Tribunal and High Court erred in adopting disability at 35% without any reasoning – Functional disability was taken to be 41.77% – Award was modified to that extent – Compensation was enhanced accordingly.
AIROnline 2021 KAR 1628-Partly ReversedAIROnline 2021 KAR 1628-Partly Reversed

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