2008 Supreme(SC) 880

2008(3) Supreme 735
SUPREME COURT OF INDIA
S.B. Sinha and Lokeshwar Singh Panta, JJ.
Sapna —Appellant
Versus
United India Insurance Co. Ltd.
& Anr. —Respondents
Civil Appeal No. 3575 OF 2008
Decided on: 14.05.08

IMPORTANT POINT
When a person becomes completely incapable to do any work and virtually has no enjoyment for life, the same form relevant factors and, thus, requires consideration for purpose of determining a fair and reasonable amount of compensation.

Headnote:(i) Motor Accident Claim – Claimant a 12 years old while going to temple was hit by a jeep used as a taxi – Claimant suffered compound fracture of left knee and dislocation of Patellae/bone of left knee left leg bent at 90 degree at knee as a result whereof she became crippled and completely disabled to walk – On Claim petition, Tribunal passed an award of Rs.82,569/- together with 8% simple interest thereupon – Appeal - High Court enhanced amount of compensation to Rs.2,00,000/- but reduced rate of interest to 6% from 8% p.a – Appeal – Plea of Appellant, that Tribunal as also High Court committed a serious error in passing impugned awards insofar as they failed to take into consideration that having regard to nature of injuries suffered by her in said accident, not only her education had come to an end but also her future matrimonial prospect was also adversely affected and, thus, she was entitled to a higher amount of compensation – Held If having regard to age of appellant, multiplier of 15 is applied, a sum of Rs.2,25,000/- would be payable - Besides said sum, not only some amount of compensation ought to have been awarded under heading of mental agony but also some provision ought to have been made for future treatment – What would be the genuine and reasonable expenditure likely to be incurred by the appellant towards her future treatment was not borne out from records- When a person becomes completely incapable to do any work and virtually has no enjoyment for life, the same form relevant factors and, thus, requires consideration for purpose of determining a fair and reasonable amount of compensation - No dispute that future treatment for appellant would be necessary - In absence of any clear cut estimate, a further sum of Rs.75,000/- awarded under said head - Appeal allowed. (Paras 11 to 16)

       (ii) Motor Accidents Compensation Claim – Permanent Disability-Principles governing a claim petition for assessing damages in case of bodily injury suffered is that while awarding compensation, Tribunal should consider all relevant factors so as to enable insured to be put in same position as if he had not sustained any injury - The principle of Restitutio-in-integrum may be applied in a case of said nature - Pecuniary loss and non-pecuniary loss are required to be pressed under certain heads - So far as the pecuniary loss is concerned, the same can be ascertained - What is required to be done is a balancing act by awarding such sum which, on the one hand, shall take care of the loss suffered by the claimant for the present time and future pecuniary benefits and, on the other, pecuniary advantages which from whatever source comes to them by reason of such injuries - So far as non-pecuniary loss is concerned, the same has to be assessed broadly under certain heads, namely, damages for physical pain, mental suffering etc besides the amount spent on medical treatment. (Para 8)

       Facts of the case:

        1. Claimant a 12 years old while going to temple was hit by a jeep used as a taxi herein in the instant case. Claimant suffered compound fracture of left knee and dislocation of Patellae/bone of left knee and skin and muscles above and below came out and veins got cut and knee got completely damaged and bones of left leg became bare due to tearing of skin and flesh and left leg bent at 90 degree at knee as a result whereof she became crippled and completely disabled to walk. On Claim petition, Tribunal passed an award of Rs.82,569 together with 8% simple interest thereupon. On Appeal, High Court enhanced amount of compensation to Rs.2,00,000/- but reduced rate of interest to 6% from 8% p.a.

        2. Present Appeal has been filed against said order of High Court.

        Findings of the Court:-

        The Court held that If having regard to age of appellant, multiplier of 15 is applied, a sum of Rs.2,25,000/- would be payable. When a person becomes completely incapable to do any work and virtually has no enjoyment for life, the same form, relevant factors and, thus, requires consideration for purpose of determining a fair and reasonable amount of compensation. No dispute that future treatment for appellant would be necessary. If future treatment is necessary, some provision should have been made therefore. In absence of any clear cut estimate, a further sum of Rs.75,000/- was awarded under said head.

       Result: Appeal allowed.