Friday, 11 October 2013

Ability to pursue career/loss of career as a result of accident is relevant while determining compensation


Cases Reported in 2013 SCC Vol. 8 September 28, 2013 Part 3

Rekha Jain v. National Insurance Co. Ltd. (2013) 8 SCC 389 (Civil Appeals Nos. 5370-72 of 2013, decided on August 1, 2013) - Nature of vocation/career/job of claimant victim and ability to pursue career/loss of career as a result of the accident is relevant while determining compensation. For a film actress, physical appearance particularly facial features are very important and as on account of the accident face of the victim was disfigured then even though she does not suffer 100% physical permanent disability, she, could suffer from 100% functional disability if she loses capacity to pursue his work (loss of career) as a result of the accident.

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