Whether it is duty of respondent in motor accident claim petition to prove that victim could make up for the loss of income by changing his vocation or by adopting another means of livelihood?

 Any scaling down of the compensation should require something more tangible than a hypothetical conjecture that notwithstanding the disability, the victim could make up for the loss of income by changing his vocation or by adopting another means of livelihood. The party advocating for a lower amount of compensation for that reason must plead and show before the Tribunal that the victim enjoyed some legal protection (as in the case of persons covered by the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995) or in case of the vast multitude who earn their livelihood in the unorganised sector by leading cogent evidence that the victim had in fact changed his vocation or the means of his livelihood and by virtue of such change he was deriving a certain income. {Para 13}

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2567 of 2020

Decided On: 17.09.2020

Pappu Deo Yadav Vs. Naresh Kumar and Ors.

Hon'ble Judges/Coram:

L. Nageswara Rao, Krishna Murari and S. Ravindra Bhat, JJ.

Author: S. Ravindra Bhat, J.

Citation:  MANU/SC/0696/2020, AIR 2020 SUPREME COURT 4424, AIRONLINE 2020 SC 733.

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