Motor Accident Compensation -- Assessment of Functional Disability -- Determined on open market earning capacity, not accommodated employment
(i) Motor Vehicles Act, 1988, S.166 -- Motor Accident Compensation -- Assessment of Functional Disability -- Determined on open market earning capacity, not accommodated employment -- Functional disability of an injured claimant must be assessed with reference to earning capacity in the open, competitive labour market. Continuation in employment through employer-provided accommodations, assistive software, or corporate compassion does not reflect the true extent of loss of earning capacity. (ii) Motor Vehicles Act, 1988, S.166 -- Motor Accident Compensation -- Multiplier in Fatal Accident Claim -- Determined by age of deceased, not age of dependents -- The multiplier applicable for computing compensation in a fatal accident claim is determined with reference to the age of the deceased and not the age of the dependents or claimants. (iii) Motor Vehicles Act, 1988, S.166 -- Motor Accident Compensation -- Claim as Legally Wedded Wife -- Denied in absence of documentary proof -- A claimant's assertion of being the legally wedded wife of the deceased cannot be accepted where documentary and oral evidence, including her own employment records describing the deceased as her fiancé, fail to substantiate the claim.
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