Supreme Court of India
Hdfc Ergo General Insurance Co. Ltd. v. Mukesh Kumar & Ors.
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What the Court ordered
We are of the view that in pursuance to this conclusion, it is the High Court which ought to examine as to what would be the appropriate lump sum amount to be determined based on the multiplier basis as set out in Kajal’s case (supra) HDFC ERGO GENERAL INSURANCE CO. LTD. v.
Judgment, page 11
From the headnote
Motor Vehicles Act, 1988 – Compensation under – For permanent disability – Whether while determining co mpensation, whether directions can be passed in the manner of a d irection in perpetuity for continued maintenance of a prostheti c limb for the injured claimant – Held: Determination of such compensation cannot be by a continuing mandamus – The determination must take place at one go – However, there must be a provision for maint enance/ replacement of the prosthetic limb, while fixing a lum p sum amount – Claimant is directed to file an affidavit setting f orth the cost of purchased
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