NEW INDIAASSURANCE CO. LTD.  versus DR. SUKANTA KUMAR BEHERA & ORS.
[2015] 2 S.C.R. 236, Supreme Court of India, 2015
Outcome: Case Partly allowed (Granted)
Segment: Facts
A 
B 
[2015] 2 S.C.R. 236 
NEW INDIAASSURANCE CO. LTD. 
v. 
DR. SU KANTA KUMAR BEHERA & ORS. 
(Civil Appeal No. 2078of2015) 
FEBRUARY 20, 2015 
[RANJAN GOGOi AND ARLIN MISHRA, JJ.] 
Motor Vehicles Act, 1988 - Motor accident- resulting in 
60% permanent disability -
Compensation for - Held: 
Considering the nature of disability, expenditure incurred on 
C treatment attendant and special .diet, loss of working capacity, 
loss of earning during course of treatment, physical pain and 
suffering, and by using multiplier of 16, compensation 
amount is determined at Rs. 35 lakhs. 
D 
Partly allowing the appeal, the Court 
HELD: Considering the fact that 60% permanent 
disability has been incurred and considering overall 
injuries caused, there was a loss of working capacity to 
E the said extent. Monthly loss of earning capacity comes 
to Rs.15,000/-.Multiplier of 16 is applicable at the age of 
36 years. Expenditure for surgery of right leg for and for 
insertion of two plates are quantified at Rs.20,000/-. There 
was loss of earning during course of treatment which 
F has been determined by the Claims Tribunal and medical 
expenditure in another Hospital, comes to Rs.66,566/-. 
Compensation for pain and suffering, expenditure on 
attendant and on special diet has also to be awarded. 
The 
compensation after deducting 
medical 
G reimbursement already received, compensation amount 
of Rs.35,00,000/- (Rupees Thirty Five lacs only) is 
awarded along with interest at the rate of 6%
P.A. with 
effect from the date of filing of claim petition. [Para 7] 
[239-A-D; 240-A-B] 
H 
236
NEW INDIAASSURANCE CO. LTD. v. 
237 
DR. SU KANTA KUMAR BEHERA 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. A 
2078 of 2015 
From the Judgment and Order dated 09.05.2014 of the 
High Court of Orissa, Cuttack in M.A. C. A. No. 576 of 2008 
M. K. Dua, Kishore RawatfortheAppellant. 
Robin David, Chitranshul Sinha, Febin Mathew, Dua 
Associates for the Respondents. 
The Judgment of the Court was delivered by 
ARUN MISHRA, J. 1. Leave granted. 
2. 
The appeal has been preferred by the insurer against 
the order dated 9.5.2014, passed by the High Court of Orissa 
B 
c 
at Cuttack in M.A.C.A. No.576 of 2008 awarding 
compensation of Rs.55,00,000/- to the respondent, Dr. D 
Sukanta Kumar Behera for the injuries sustained and 
permanent disability incurred by him in the accident dated 
9.9.2001. The Claims Tribunal had awarded compensation of 
Rs.4,01,414/-. 
3. 
The appellant was working as Senior Medical Officer E 
in Bhilai Steel Plant. He met with an accident and ultimately 
due to permanent disability incurred by him, his services were 
terminated on 29.8.2007. He incurred 60% permanent 
disability owing to various injuries sustained in the accident. 
F 
The question to be considered is whether the High Court is 
justified in awarding compensation of Rs.55,00,000/-without 
any discussion and computation. The approach of the High 
Court cannot be said to be justified in such cases of injury. It is 
necessary to make computation of compensation to be G 
awarded on account of
pecuniary and non-pecuniary heads. 
4. 
The claimant suffered fracture in the right foreann, right 
femur neck, fracture of right radius midshaft and fracture of 
right ulnar midshaft in the right hand and grievous fracture of 
tebia in the left leg. His cervical spinal cord was also injured. H
238 
SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
A 
He also suffered grievous abdomen injury for which he had to 
be operated. Besides, he also suffered injury in the chest. 
5. 
He was admitted in various hospitals as indoor 
patient. Firstly from 9.9.2001 to 24.9.2001, he was treated in 
SCB Medical College and Hospital, Cuttack where his left leg 
8 
was operated, operation of abdomen, traction of right leg was 
done and a slab was put in right hand. Secondly, he was treated 
in Shanti Hospital, Cuttack, from 24.9.2001 to 30.9.2001 where 
he was operated upon for implanting two steel plates in right 
C leg. Thirdly, he was admitted in Kalinga Hospital, Bhubaneswar, 
for treatment from 1.10.2001 to 15.10.2001 for abdominal 
surgery in which considerable part of his stomach and large 
intestine was removed to save his life. Thereafter, he was 
admitted in C.M.C. Hospital, Vellore as indoor patient from 
16.10.2001 to 25.5.2002 for 7-1/2 months and again in the 
D month of February 2004 he was admitted there for a period of 
8 days. At Vellore in CMC Hospital, several surgeries were 
performed, besides bone grafting in left leg and removal of 
implanted right femur due to infection and discharging sinus. 
The amount spent by him at Vellore CMC Hospital towards 
E treatment and medical expenditure was reimbursed to the 
extent of Rs.10,72,013/-. 
6. 
As per Dr. R.K. Pandey, the claimant Dr. Sukanta 
Kumar Behera sustained injuries resulting into 60% permanent 
F disability. In
future, treatment of left ankle, foot drop and right 
hip replacement surgery may also be required. It is also 
apparent that due to removal of large part of intestine the 
claimant will have to remain on special diet and his digestion 
capacity has been declined to a great extent due to abdominal 
G surgery for rest of his life. It is also apparent that he had also 
suffered grievous injuries resulting into 60% permanent 
disability besides one inch shortening of right limb. 
7. 
The insurer company has contended that claimant was 
getting Rs.23,000/- per month at the time of accident. It 
H appears that he was getting non-practitioner allowance also
NEW INDIAASSURANCE CO. LTD. v. 
239 
DR. SUKANTAKUMAR BEHERA[ARUN MISHRA, J.] 
in addition to the salary. It would be appropriate to take his A 
salary at Rs.25,000/- per month. Considering the fact that 60% 
permanent disability has been incurred and considering over 
all injuries caused, there is a loss of working capacity to the 
said extent. Monthly loss· of earning capacity comes to 
Rs.15,000/-. Multiplier of 16 is applicable at the age of 36 
B 
years. Expenditure must have been incurred in 8 days when 
claimant was treated in Shanti Hospital when surgery of right 
leg was performed and two plates were inserted which we 
quantify at Rs.20,000/-. There was loss of earning during 
course of treatment which has been determined by the Claims c 
Tribunal and medical expenditure in SCB Medical College and 
Hospital, Cuttack comes to Rs.66,566/-. Compensation for 
pain and suffering, expenditure on attendant and on special 
diet has also to be awarded. The compensation after deducting 
medical reimbursement already received, is awarded in the D 
following manner: 
Description 
Amount (Rs.} 
For loss of earning capacity due to 
permanent disability (Rs.15,000x12x16) 
28,80,000/-
E 
Loss of salary during treatment 
in the year 2001-2002 
2,14,848/-
Expenditure incurred in SCB 
Medical College & Hospital, Cuttack 
66,566/-
Expenditure incurred in Shanti Hospital 
20,0001-
F 
Physical pain and sufferings 
2,00,0001-
Expenditure incurred on attendant 
for 9 months during
treatment 
90,0001-
Special diet 
28,500/-
G 
···················· 
Grand Total: 
34,99,914/-
rounded off 
35,00,000/-
H 
······················

240 
SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
A 
Accordingly, the appeal is allowed in part. Compensation 
amount of Rs.35,00,000/- (Rupees Thirty Five lacs only) is 
awarded to the claimant along with interest at the rate of 6% 
per annum with effect from the date of filing of claim petition. 
The said amount be paid within a period of two months from 
B today. No costs. 
Kalpana K. Tripathy 
Appeal partly allowed