Jagdish vs Mohan

Dr D Y CHANDRACHUD, J 1 The appellant was injured in a motor accident. The Tribunal awarded compensation of Rs. 12,81,228/- for the injuries suffered by him. The High Court enhanced the award of compensation by an amount of Rs.2,19,000/-. Interest of 7.5 per cent per annum has been awarded from the date of the filing of the claim. The appellant seeks an enhancement of compensation.

DEEPAK GUGLANI Date: 2018.03.06 12:51:25 IST Reason: 2 2 The appellant was 24 years of age when the accident took place on 24 November 2011. The accident occurred at 4pm when the appellant and another person were riding on a motor cycle. The appellant who was riding the motor cycle at a moderate speed indicated to a dumper which was ahead of him to allow him to pass. When the appellant was passing the vehicle, it swerved on the driver’s side and hit the motor cycle of the appellant. The appellant was injured in the course of the accident.

3 The nature of the injuries is evident from the following extract from the judgment of the Motor Accidents Claims Tribunal No. 2, Kota.

5 In computing the amount of compensation, the Tribunal noted that the appellant was a carpenter and had claimed that he was in receipt of an income of 3 Rs. 6,000/- per month. In the absence of documentary evidence, the Tribunal took the monthly income of the appellant at Rs. 4,050/-. The appellant having been found to suffer from 90 per cent disability, the loss of the future monthly income was computed at Rs. 3645/-. The Tribunal applied a multiplier of 18 and held that the appellant was entitled to compensation for loss of future income of Rs. 7,87,320/- (Rs. 3645 X 12 X 18). The Tribunal awarded an amount of Rs. 1.80 lakhs on account of mental and physical hardship and agony, Rs. 90,000/- for loss of comfort, Rs. 25,000/- for expenses and Rs. 95,908/- on account of medical expenses. An amount of Rs. 1 lakh was awarded for attendant charges. The Tribunal awarded a total amount of Rs. 12,81,228/- as compensation on which interest was allowed at the rate of 7.5 per cent per annum from the date of the filing of the claim petition. No amount was awarded towards expenses for future treatment.

6 In appeal, the High Court awarded an additional amount of Rs. 2,19,000/-. The High Court directed that if the enhanced amount is not deposited within 8 weeks, it would carry interest at 9 per cent per annum.

The Tribunal has noted that the appellant is unable to even eat or to attend to a visit to the toilet without the assistance of an attendant. In this background, it would be a denial of justice to compute the disability at 90 per cent. The disability is indeed total. Having regard to the age of the appellant, the Tribunal applied a multiplier of 18. In the circumstances, the compensation payable to the appellant on account of the loss of income, including future prospects, would be Rs. 18,14,400/-. In addition to this amount, the appellant should be granted an amount of Rs. 2 lakhs on account of pain, suffering and loss of amenities. The amount awarded by the Tribunal towards medical expenses (Rs. 98,908/-); for extra nourishment (Rs. 25,000/-) and for attendant’s expenses (Rs. 1 lakh) is maintained. The Tribunal has declined to award any amount towards future treatment. The appellant should be allowed an amount of Rs. 3 lakhs towards future medical expenses. The appellant is thus awarded a total sum of Rs. 25,38,308/- by way of compensation. The appellant would be entitled to interest at the rate of 9 per cent per annum on the compensation from the date of the 8 filing of the claim petition. The liability to pay compensation has been fastened by the Tribunal and by the High Court on the insurer, owner and driver jointly and severally which is affirmed. The amount shall be deposited before the Tribunal within a period of 6 weeks from today and shall be paid over to the appellant upon proper identification.

12 The appeal is accordingly allowed. There shall be no order as to costs.

............................................CJI [DIPAK MISRA] …….........................................J [A M KHANWILKAR] ….............................................J [Dr D Y CHANDRACHUD] New Delhi March 6, 2018