Sanjay Verma vs Haryana Roadways

2. The facts relevant for the purpose of the present adjudication may be noticed at the outset.

On 12.08.1998 the appellant-claimant was travelling from Ambala to Kurukshetra in a bus belonging to the Haryana Roadways and bearing registration No. HR-07PA-0197. On the way the driver of the bus lost control over the vehicle resulting in an accident in the course of which the claimant suffered multiple injuries. He was initially treated in the civil hospital Pehwa and thereafter transferred to the PGIMER, Chandigarh on 14.08.1998. The appellant underwent surgery on 16.09.1998 and eventually he was released from the hospital and referred to the Rehabilitation Centre, Jawaharlal Nehru Hospital, Aligarh. According to the claimant, apart from other injuries, he had suffered a fracture of the spinal cord resulting in paralysis of his whole body. In these circumstances the claimant filed an application before the Motor Accident Claim Tribunal claiming compensation of a total sum of Rs.53,00,000/- under different heads enumerated below:

3. The learned Tribunal by its Award dated 12.06.2000 held that the accident occurred due to the rash and negligent driving of the bus and that the claimant is entitled to compensation. The total amount due to the claimant was quantified at Rs. 3,00,000/- under the heads “Loss of Income”, “reimbursement of medical expenses” and “pain and suffering”. The learned Tribunal also awarded interest at the rate of 9% from 24.08.1999 i.e. the date of filing of the claim application till date of payment.

4. Aggrieved, the claimant filed an appeal before the High Court which enhanced the compensation to Rs.8,08,052/-. The High Court quantified the amount due to the claimant towards “loss of income” at Rs.6,19,500/-; Rs.1,38,552/- on account of “medical expenses” and an amount of Rs.50,000/- “for future treatment” and “pain and suffering”. The High Court, however, reduced the interest payable to 6% per annum from the date of the filing of the application. Aggrieved, this appeal has been filed.

18. This will bring us to the grievance of the appellant-claimant with regard to award of compensation of Rs.50,000/- under the head “future treatment” and “pain and suffering”. In view of the decisions of this Court in Raj Kumar vs. Ajay Kumar and Another[7] and Sanjay Batham vs. Munnalal Parihar and Others[8] there can be no manner of doubt that the above two heads of compensation are distinct and different and cannot be clubbed together. We will, therefore, have to severe the two heads which have been clubbed together by the High Court.

In so far as “future treatment” is concerned we have no doubt that the claimant will be required to take treatment from time to time even to maintain the present condition of his health. In fact, the claimant in his deposition has stated that he is undergoing treatment at the Apollo Hospital at Delhi. Though it is not beyond our powers to award compensation beyond what has been claimed [Nagappa vs. Gurudayal Singh and others[9]], in the facts of the present case we are of the view that the grant of full compensation, as claimed in the claim petition i.e. Rs.3,00,000/- under the head “future treatment”, would meet the ends of justice. We, therefore, order accordingly.

20. In the claim petition filed before the Motor Accident Claim Tribunal the claimant has prayed for an amount of Rs.2,00,000/- being the cost of attendant from the date of accident till he remains alive. The claimant in his deposition had stated that “he needs one person to be with him all the time”. The aforesaid statement of the claimant is duly supported by the evidence of PW-1 who has described the medical condition of the claimant in detail. From the aforesaid materials, we are satisfied that the claim made on this count is justified and the amount of Rs.2,00,000/- claimed by the claimant under the aforesaid head should be awarded in full. We order accordingly.

21. In view of the discussions that have preceded, we hold that the claimant is entitled to enhanced compensation as set out in the table below:

22. In view of the enhancement made by us, we do not consider it necessary to modify the rate of interest awarded by the High Court i.e. 6% from the date of the application i.e. 24.08.1999 to the date of payment which will also be payable on the enhanced amount of compensation.

23. The appeal filed by the claimant is allowed as indicated above.

...…………………………CJI.