Case: Subulaxmi Vs. M.D. T.Nadu State Transp.Corp

of over three months. It is not possible for the tribunals and the courts to make a precise assessment of the pain and trauma suffered by a person whose limb is amputated as a result of accident. Even if the victim of accident gets artificial limb, he will suffer from different kinds of handicaps and social stigma throughout his life. Therefore, in all such cases, the tribunals and the courts should make a broad guess for the purpose of fixing the amount of compensation.26. Admittedly, at the time of accident, the appellant was a young man of 24 years. For the remaining life, he will suffer the trauma of not being able to do his normal work. Therefore, we feel that ends of justice will be met by awarding him a sum of Rs1,50,000 in lieu of pain, suffering and trauma caused due to the amputation of leg.27. The compensation awarded by the Tribunal for the loss of amenities was also meager. It can only be a matter of imagination as to how the appellant will have to live for the rest of his life with one artificial leg. The appellant can be expected to live for at least 50 years. During this period he will not be able to live like a normal human being and will not be able to enjoy life. The prospects of his marriage have considerably reduced. Therefore, it would be just and reasonable to award him a sum of Rs1,50,000 for the loss of amenities and enjoyment of life.” 8. We have reproduced from the said decision in extenso, as the Court has dwelled upon the fundamental concept of just compensation regard being had to the value of life and limb in our country. Needless to say, the approach in such matters has to be liberal as well as a balanced one. 9. In the case at hand, the tribunal had awarded a sum of Rs.86,000/- towards the permanent disability. The High Court has deleted it. The said deletion as per our above discussion is impermissible. In our considered opinion regard being had to the nature of injury suffered and further taking note of the date of accident, a sum of Rs.1,00,000/- on this head would be appropriate and, accordingly, we so determine. 10. Presently, we shall proceed to compute the loss of earning capacity. The claimant was earning Rs.1,500/- per month and thereby Rs.18,000/- per annum. As she has suffered 86% permanent disability, the future earning may be computed at 14% less and accordingly it is estimated that the multiplicand should be Rs.15,480/- per annum. At the time of accident, she was 30 years of age, and hence, the multiplier of 18 would be applicable, as has been held in Sarla Verma v. D.T.C. [(2009) 13 SCC 442]. Thus, the loss of future earning by multiplying the multiplicand of Rs.15,480/- by multiplier of 18, the amount would come to Rs.2,78,640/-. 11. As far as the pain and suffering and loss of amenities are concerned, we think it is appropriate to grant a sum of Rs.1,00,000/-. In respect of other heads, namely, medical expenses, extra nourishment, transport charges and loss of earning during treatment, the amount awarded by the High Court is allowed to remain as such. Thus, the amount on the aforesaid scores would come to Rs.45,000/-. As far as the future replacement of artificial limbs and other medical expenses are concerned, keeping in view the escalation of price, we think it seemly to enhance it Rs.1,25,000/-. 12. Presently to the grant of interest. The High Court has declined to award interest on the enhanced sum. No reason has been ascribed therefor. Section 171 of the Act deals with award of interest. It reads as follows:- “171. Award of interest where any claim is allowed. – Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it may specify in this behalf.” 13. In Abati Bezbaruah v. Dy. Director General, Geological Survey of India and Another [(2003) 3 SCC 148] , S.B. Sinha, J. in his opinion after referring to the earlier decisions opined that the question as to what should be the rate of interest would depend upon the facts and circumstances of each case and award of interest would normally depend on the bank rate prevailing at that time. A.R. Laxmanan, J. in his concurring opinion stated as follows: - “The rate of interest must be just and reasonable depending upon the facts and circumstances of each case and taking all relevant factors including inflation, change of economy, policy being adopted by Reserve Bank of India from time to time, how long the case is pending, permanent injuries suffered by the victim, enormity of suffering loss of future income, loss of enjoyment of life etc., into consideration.” 14. In Tamil Nadu State Transport Corporation, Tanjore, represented by its MD v. Natarajan and others [(2003) 6 SCC 137] , this Court awarded interest at the rate of 9% per annum from the date of filing of claim petition on the amount of compensation. 15. Thus analysed, we are disposed to think that the High Court has erred in not granting interest on the enhanced sum. As is evincible, the tribunal had granted payment of interest at the rate of 9% per annum. Considering the totality of facts and circumstances, we find that the interest awarded by the tribunal is just and proper and accordingly we direct that the interest on the differential enhanced sum shall carry interest at the rate 9% per annum from the date of filing of the claim petition till the date of deposit of the same before the tribunal. The respondent corporation is directed to deposit the differential amount before the tribunal within a period of eight weeks from today.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]In K. Suresh v. New India Assurance Co. Ltd. and Another [2012 (10) SCALE 516 ], after referring to Ramesh Chandra v. Randhir Singh [(1990) 3 SCC 723] and B. Kothandapani v. Tamil Nadu State Transport Corporation Ltd. [(2011) 6 SCC 420] , this Court expressed the view that compensation can be granted towards permanent disability as well as loss of future earnings, for one head relates to the impairment ofcapacity and the other relates to the sphere of pain and suffering and loss of enjoyment of life by the person himself. The Bench also relied upon Laxman v. Divisional Manager, Oriental Insurance Co. Ltd. and another [2012 ACJ 191 ], wherein it has been laid downratio of the above noted judgments is that if the victim of an accident suffers permanent or temporary disability, then efforts should always be made to award adequate compensation not only for the physical injury and treatment, but also for the pain, suffering and trauma caused due to accident, loss of earnings andinability to lead a normal life and enjoy amenities, which he would have enjoyed but for the disability caused due to thethe view expressed by the High Court on this score is not sustainable.In the case at hand, the tribunal had awarded a sum of Rs.86,000/towards the permanent disability. The High Court has deleted it. The said deletion as per our above discussion is impermissible. In our considered opinion regard being had to the nature of injury suffered and further taking note of the date of accident, a sum of Rs.1,00,000/on this head would be appropriate and, accordingly, we so determine.As far as the pain and suffering and loss of amenities are concerned, we think it is appropriate to grant a sum of Rs.In respect of other heads, namely, medical expenses, extra nourishment, transport charges and loss of earning during treatment, the amount awarded by the High Court is allowed to remain as such. Thus, the amount on the aforesaid scores would come to Rs.Thus analysed, we are disposed to think that the High Court has erred in not granting interest on the enhanced sum. As is evincible, the tribunal had granted payment of interest at the rate of 9% per annum. Considering the totality of facts and circumstances, we find that the interest awarded by the tribunal is just and proper and accordingly we direct that the interest on the differential enhanced sum shall carry interest at the rate 9% per annum from the date of filing of the claim petition till the date of deposit of the same before the tribunal. The respondent corporation is directed to deposit the differential amount before the tribunal within a period of eight weeks from today.