Case: Ashwani K. Mishra Vs. P. Muniam Babu

3. The facts giving rise to the filing of the present appeal are that the appellant who was 23 years of age had met with an accident and received severe injuries causing damages to his spinal cord. He remained under treatment for about 90 days and became permanently disabled. He had preferred a claim for Rs. 63,00,919.15 from the owner, driver and the insurer of the vehicle for injuries suffered by him in the motor accident. The Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) after appreciating the evidence led in the case held that the appellant was travelling as an agent of the construction firm when he met with the accident and awarded him a compensation of Rs. 1,64,037/with interest at the rate of 10 per cent per annum. Both the appellant and the insurance company preferred appeals before the High Court which were disposed by the impugned judgment holding the appellant entitled to Rs. 2,25,000/as compensation payable with interest at the rate of 12 per cent annum instead of 10 per cent as awarded by the Tribunal.

Reasoning: 5. In the instant case, the appellant has been awarded Rs. 94,037/as expenses incurred on medical care, Rs. 20,000/for special diet and expenses for attendant during treatment. For his becoming permanently disabled and paraplegic on account of the injury and damages caused to his spinal cord, the appellant, who admittedly has been held permanently incapacitated has been granted only Rs.. We are of the opinion that the appellant was right in claiming his income at Rs. 2,000/per month while working with his father at the time of the accident and even if we apply the multiplier of 16, he is entitled to the claim of Rs. 3,84,000/on account of loss of expectation of life besides disappointment, frustration and mental stress particularly when he has to keep a permanent attendant to look after him in his rest of life. Adding this amount to the amount of Rs. 1,14,000/to which the appellant has rightly been held entitled on account of expenses incurred on medical care and for the pain sufferings during the period of treatment, the appellant is entitled to a total sum of Rs. 4,98,000/which we round up to Rs. 5,00,000/inclusive of costs of litigation. The aforesaid amount is liable to be paid by thee company as was held by the High Court.