<p>New Delhi: The Supreme Court has held disability of a diamond cutter who lost one of his eyes in a road accident as 100 per cent, to enhance compensation for him, saying that diamond cutting, as even the uninitiated can understand, is a task of immense skill which involves a great degree of precision and exactitude. </p><p>A bench of Justices Sanjay Karol and Manmohan directed for payment of Rs 15,98,000 as total compensation with 8 per cent rate of interest to appellant Jaynandan, allowing his appeal against the Kerala High Court's judgment which held his disability as only 65 per cent.</p><p>Considering the nature of his profession and the indispensability of the ability to see in carrying out the job required, the bench said, "We are of view that the facts and circumstances of the case warrant that disability of the claimant-appellant be taken as 100 per cent".</p><p>The 39-year-old diamond cutter lost one eye completely given the injuries sustained by him after his motorcycle on his way to Kunnamkulam collided with an autorickshaw being driven in a rash and negligent manner on February 15, 2005.</p><p>He suffered a complete loss of vision in one eye.</p><p>The Motor Accident Claims Tribunal Thrissur awarded him a total compensation of Rs 8,70,000 with 8 per cent interest, treating percentage of disability at 49 per cent only.</p><p>The High Court, acting upon his appeal, enhanced the compensation to Rs 10,57,500 lakh, terming his disability as 65 per cent.</p>.Supreme Court refuses to hear pleas against 2023 Women Reservation Act.<p>Upon his further appeal, the apex court observed, "The main process of cleaving and sawing clearly can be completed only when a person is able to see clearly, especially given the size of these precious stones. Seeing only with one eye, unquestionably makes it greatly difficult to effectively carry out these processes. 65 per cent as functional disability, in our view, is yet again insufficient".</p><p>Besides, the bench held Rs 50,000 awarded to him under the head of pain and suffering as "gross undervaluation" and raised the amount to Rs 1,50,000.</p><p>"Pain and suffering is not only on account of physical pain but also suffering on account of what has been lost as a result of the accident – desire of economic betterment, social betterment, etc. Once a person is unable to partake in his profession of choice, for no fault of his all these desires are unceremoniously ground to a halt," the bench said.</p>
<p>New Delhi: The Supreme Court has held disability of a diamond cutter who lost one of his eyes in a road accident as 100 per cent, to enhance compensation for him, saying that diamond cutting, as even the uninitiated can understand, is a task of immense skill which involves a great degree of precision and exactitude. </p><p>A bench of Justices Sanjay Karol and Manmohan directed for payment of Rs 15,98,000 as total compensation with 8 per cent rate of interest to appellant Jaynandan, allowing his appeal against the Kerala High Court's judgment which held his disability as only 65 per cent.</p><p>Considering the nature of his profession and the indispensability of the ability to see in carrying out the job required, the bench said, "We are of view that the facts and circumstances of the case warrant that disability of the claimant-appellant be taken as 100 per cent".</p><p>The 39-year-old diamond cutter lost one eye completely given the injuries sustained by him after his motorcycle on his way to Kunnamkulam collided with an autorickshaw being driven in a rash and negligent manner on February 15, 2005.</p><p>He suffered a complete loss of vision in one eye.</p><p>The Motor Accident Claims Tribunal Thrissur awarded him a total compensation of Rs 8,70,000 with 8 per cent interest, treating percentage of disability at 49 per cent only.</p><p>The High Court, acting upon his appeal, enhanced the compensation to Rs 10,57,500 lakh, terming his disability as 65 per cent.</p>.Supreme Court refuses to hear pleas against 2023 Women Reservation Act.<p>Upon his further appeal, the apex court observed, "The main process of cleaving and sawing clearly can be completed only when a person is able to see clearly, especially given the size of these precious stones. Seeing only with one eye, unquestionably makes it greatly difficult to effectively carry out these processes. 65 per cent as functional disability, in our view, is yet again insufficient".</p><p>Besides, the bench held Rs 50,000 awarded to him under the head of pain and suffering as "gross undervaluation" and raised the amount to Rs 1,50,000.</p><p>"Pain and suffering is not only on account of physical pain but also suffering on account of what has been lost as a result of the accident – desire of economic betterment, social betterment, etc. Once a person is unable to partake in his profession of choice, for no fault of his all these desires are unceremoniously ground to a halt," the bench said.</p>
