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Effect of permanent disability on earning capacity of injured must be considered while awarding compensation

In Anant v. Pratap, while rejecting the judgment of the High Court in a claim against permanent disability, the Supreme Court while referring to various judgments held that in cases of motor accidents leading to injuries and disablements, it is a well settled principle that a person must not only be compensated for his physical injury, but also for the non­pecuniary losses which he has suffered due to the injury. The Claimant is entitled to be compensated for his inability to lead a full life, and enjoy those things and amenities which he would have enjoyed, but for the injuries.

The purpose of compensation under the Motor Vehicles Act is to fully and adequately restore the aggrieved to the position prior to the accident.

The court referred to Yadav Kumar v. The Divisional Manager, National Insurance Company Ltd and also to Sarla Verma and Ors. v. Delhi Transport Corporation and Ors. to calculate the multiplier and also to Raj Kumar v. Ajay Kumar, where the Court held that where the claimant suffers a Permanent Disability as a result of injuries, the assessment of compensation for loss of future earnings would depend upon the impact and effect of the Permanent Disability on his earning capacity. 

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