Category: Motor Accident Claim

Parminder Singh Vs. New India Assurance Company Ltd. & Ors – 01/07/19

Motor Accident Claim-functional disability at 100% -loss of earning capacity- The Appellant is entitled to the following amounts:

i) Rs. 32,40,000/to be awarded towards loss of future earnings by taking the income of the Appellant at Rs. 10,000/p. m., and granting Future Prospects @50%;

ii) Rs. 7,50,000/to be awarded towards repeated hospitalizations and medical expenses for undergoing surgeries and medical treatment;

iii) Rs. 10,00,000/to be awarded towards future medical expenses and attendant charges;

iv) Interest @ 9% awarded by the High Court from the date of the Claim Petition, till the date of recovery to be maintained.


If the driver of the offending vehicle does not possess a valid driving license, the principle of ‘pay and recover’ can be ordered to direct the insurance company to the pay the victim, and then recover the amount from the owner of the offending vehicle. Insurance Company is entitled to recover the amount from the owners and drivers of the two offending trucks.