HDFC Ergo General Insurance Co. Ltd. vs Mukesh Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 987

SANJAY KISHAN KAUL, HRISHIKESH ROY
HDFC Ergo General Insurance Co. Ltd. – Appellant
Versus
Mukesh Kumar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Ms. Archana Pathak Dave, AOR, Ms. Vanya Gupta, Adv., Mr. Kumar Prashant, Adv., Mr. V. Giri, Sr. Adv., Mr. Karan Lahiri, Adv., Mr. Pallav Mongia, AOR, Mr. Shailender Reddy, Adv., Ms. Ankita Gupta, Adv.,
For the Respondent: Mr. Jayesh K. Unnikrishnan, AOR, Ms. Sasmita Tripathy, Adv., Mr. Dilawar Singh, Adv., Ms. Gitanjali Tripathy, Adv., Ms. Gautami Budhapriya, Adv., Mr. Vivekanand Singh, Adv., Mr. Manish Maini, Adv., Ms. Manjeet Chawla, AOR, Ms. Ritu Rastogi, Adv., Mr. B. S. Chowdhary, Adv., Ms. Adira A. Nair, Adv., Mr. Sanjay Kumar Visen, AOR, Mr. Durga Dut, Adv., Ms. Samta Pushkarna Mishra, Adv., Mr. Amar Singh, Adv., Mr. Neeraj Goswami, Adv., Mr. R. D. Singh, Adv., M/S Vibhu Shanker Mishra And Co., AOR

ORDER :

Sanjay Kishan Kaul, J.

CIVIL APPEAL No.4576/2021

1. Leave granted.

2. The sole question which arises for determination in this appeal filed by the Insurance Company is whether directions can be passed by the Court while determining compensation under the Motor Vehicle Act, 1988 (hereinafter referred to as “the said Act”) in the manner of a direction in perpetuity for continued maintenance of a prosthetic limb for the injured claimant.

3. The respondent No.1 viz. Mukesh Kumar, was 19 years of age when he met with an accident on 25.8.2017 which resulted in permanent disability of his right lower limb, which was treated as a 100% disability. An amputation had to take place below the knee of that limb. In the assessment made by the Motor Accident Claims Tribunal (MACT), an amount of Rs.2 Lakhs was quantified towards loss of amenities, life and disfigurement which would include the expenses towards his prosthetic limb. On examination in appeal, the learned judge of the High Court by the impugned order dated 04.11.2020 has passed directions in the following terms:

“7. With consen

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2021 Supreme(SC) 987

SANJAY KISHAN KAUL, HRISHIKESH ROYHDFC Ergo General Insurance Co. Ltd. – AppellantVersusMukesh Kumar – Respondent

Cases Referred (10)

SANJAY KISHAN KAUL, HRISHIKESH ROY
HDFC Ergo General Insurance Co. Ltd. – Appellant
Versus
Mukesh Kumar – Respondent