Assessment of Functional Disability and Employer Reimbursement in Motor Accident Injury Compensation

sketch of the Bombay High Court
Case
MARTAND SAKHARAM GHOLAP v. BHARU KHAN AND ANR. (Bombay High Court, 22-09-2026)
Law
Motor Vehicles Act, Law of Torts.

Highlights of the Judgment:

  • Detailed examination of computing functional disability versus physical disability in motor accident injury claims under Supreme Court precedents.
  • Application of the multiplier method and future prospects for a permanently disabled government clerk.
  • Analysis of whether an insurer can claim deductions for medical bills reimbursed via an employer's health scheme.
  • Evaluation of claims for loss of earnings during medical leave following an employee's resignation.
  • Reassessment of non-pecuniary damages including loss of amenities, comfort, and future conveyance expenses.