MOTOR ACCIDENT CLAIMS – LOSS OF EARNING CAPACITY TO BE FIXED AS 100% WHEN CLAIMANT IS INCAPACITATED FOR LIFE: SUPREME COURT A person is not only to be compensated for the injury suffered due to the accident but also for the loss suffered on account of the injury and his inability to lead the life he led, prior to the life altering event. The court was considering the appeal filed by a person who suffered serious injuries from an accident. He was riding pillion in a bike when it was hit by a car resulting in severe head injuries to the appellant. The appellant suffered severe impairment of cognitive power with hemiparesis and total aphasia and the prognosis for him is 69% permanent disability. In appeal, he submitted that he suffered 69% permanent disability and is unable to perform everyday activities and he requires constant support even for the confined life that he is leading. The Court noted that even though the physically disability is assessed at 69%, the functional disability is 100% in so far as claimant’s loss of earning capacity is concerned. The court therefore held that his loss of earning capacity must be fixed at 100%. An amount of Rs.27, 67, 800/- was directed to be given as compensation. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes and motor accident claims recoveries at the MACT and other judicial and quasi judicial forums.