LAKHMI CHAND Vs. LAXMI CHAND

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.2,80,000/- awarded in favour of the Appellant Lakhmi Chand for having suffered injuries in a motor vehicle accident which occurred on 17.10.2008.

(2.) THE finding on negligence reached by the Motor Accident Claims Tribunal (the Claims Tribunal) has not been challenged by any of the Respondents and has thus attained finality.

(3.) IN Raj Kumar v. Ajay Kumar and Anr., 2011 (1) SCC 343, the Supreme Court brought the distinction between permanent disability and functional disability resulting in the loss of earning capacity. It was laid down that the compensation on account of loss of earning capacity has to be granted in accordance with the nature of job undertaken by the victim of motor accident. Paras 11 and 14 of the report are extracted hereunder: