HON'BLE G.S. SINGHVI, HON'BLE V. GOPALA GOWDA, JJ.
G. Ravindranath @ R. Chowdary
Versus
E. Srinivas & Anr.
Civil Appeal No.5520 of 2013 (Arising out of SLP (C) No.14794 of 2012),
decided on 01.07.2013
Appeal allowed.
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Hon'ble SINGHVI, J.—Leave granted.
2. This appeal is one of the several such cases which the victims of accidents are compelled to file because the compensation awarded by the Motor Accident Claims Tribunal and/or the High Court is abysmally inadequate or tragically disproportionate to his/her suffering.
3. The appellant, who was 19 years old at the relevant time and was assisting his father in agricultural operations, suffered grievous injuries in an accident which occurred on 31.10.2000 when respondent No.1 reversed Tipper No. APH 5971 in a rash and negligent manner without care and without signal and dashed against the appellant. The rear tyre of the Tipper caused fracture in the pelvic region of the appellant. He was initially treated at Bhandari Hospital, Raichur. Later, he was taken to Nizam’s Institute of Medical Sciences, Hyderabad (NIMS). The doctors at NIMS diagnosed that the appellant had sustained pelvic and urethral injuries (total urethral rupture).
4. The appellant filed a petition under Section 166 of the Motor Vehicles Act, 1988 and prayed for award of compensation under the following heads:
“1. Annexure-I Medical expenses incurred 65,399.00
2. Annexure-II Hospitalization charges incurred 42,113.00
3. Annexure-III Mess and Lodging charges 31,555.00
4. Annexure-IV Transportation charges 74,540.00
5. Damages, physical and mental shock, pains, sufferings suffered by claimant and likely to suffer in future 2,00,000.00
6. Damages for loss of amenities, life including loss of marriage, cannot sit and walk 5,00,000.00
7. Damages for loss of expectation of life 2,00,000.00
8. Frustration, hardship, inconveniences, disappointment, mental shock in life, dejection and unhappiness in future life 1,50,000.00
9. Loss of earnings 2,80,000.00
10. Loss of income to the parents of the claimant. 2,00,000.00
11. Future medication, hospitalization expenses. 3,00,000.00
Grand Total 20,43,607.00”
5. The appellant pleaded that he was a student of PUC second year and was earning Rs.3,500/- per month by extending help to his father in agricultural operations at Amareshwara Camp. Some of the averments contained in the claim petition are extracted below:
“The claimant was studying in PUG IInd year on the date of this illegible. He was helping his father in the agriculture operations since as family they own 8 acres of irrigated land at Amareshwara camp include other similar land of extent of 20 acres taken under lease basis. The accident has left him as a person of impotence since it was diagnosed he will have the erectile dis-function throughout his life by making him unfit for any marital life. The claimant was contributing the service to his parents and agriculture activities to the extent of Rs.3,500/- p.m. including his absorption in the dairy farm being maintained by his mother. The claimant's prospects of better studies and good employment have disappeared. The parents of the claimant have lost the agriculture income on account of their compulsion to accompany him. The claimant suffered permanent disability and he is still undergoing treatment. He experiences severe pain and inconvenience in passing urine and he is undergoing series of surgical operations. He requires medical attention for rest of life as he needs constant care. He needs the attendance of other persons to be looked after. He suffered loss of expectation of life and he is now compelled to lead agonizing and dejected life. The parents of claimant are now finding extreme difficult to arrange for his further treatment by, abandoning their agriculture and other operations and works. The clamant is put to separatism marital life as he cannot marry.
(emphasis supplied)
6. The owner, the driver and the insurance company (respondent No.2 herein) were proceeded ex-parte because no one appeared on their behalf. However, on an application filed by respondent No.2, the ex-parte proceedings were set aside qua that respondent and it was given an opportunity to file the written statement. By taki
Ibrahim vs. Raju ((2011) 10 SCC 634)
R.D. Hattangadi vs. Pest Control (India) (P) Ltd. ((1995) 1 SCC 551)
Reshma Kumari vs. Madan Mohan ((2009) 13 SCC 422)
Arvind Kumar Mishra vs. New India Assurance Co. Ltd. ((2010) 10 SCC 254)
Raj Kumar vs. Ajay Kumar ((2011) 1 SCC 343)
Ramachandrappa vs. Royal Sundaram Allinace Insurance Co. Ltd. ((2011) 13 SCC 236)
Kavita vs. Deepak ((2012) 8 SCC 604 = 2012(4) RLW 2900 (SC))
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