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SUPREME COURT OF INDIA
(From the High Court of Karnataka at Bengaluru)
M.R. SHAH, B.V. NAGARATHNA, JJ.
Shri Benson George – Appellant
Versus
Reliance General Insurance Co. Ltd. and Another – Respondents
Civil Appeal No. 1540 of 2022
Decided On : 25-02-2022
Motor Vehicles Act, 1988 – Sections 168 and 173 – Injury in accident – Total compensation of Rs.94,37,300/- alongwith 9% interest awarded by Tribunal – At relevant time claimant was working as a Process Supervisor in Deutsche Bank and earning Rs.4,59,425/- per annum – At the time of accident he was aged 29 years – By impugned common judgment and order, High Court party allowed appeal preferred by claimant and enhanced amount of compensation from 94,37,300/- to Rs.1,24,94,333/- under different heads, alongwith 6% interest – Claimant underwent multiple surgeries – Claimant is still in coma and totally bedridden – Considering prolonged hospitalization and medical treatment and that claimant underwent multiple surgeries, High Court erred in awarding Rs.2,00,000/- only under head pain and suffering – Pain, suffering and trauma suffered by claimant cannot be compensated in terms of money – However, still it will be a solace to award suitable compensation under different heads including pain, shock and suffering, loss of amenities and happiness of life – Rupees Ten Lakhs can be said to be a reasonable amount under head pain, shock and suffering – No amount can compensate loss of amenities and happiness more particularly a person who is in coma since number of years and is bedridden for entire life – Amount of compensation under head loss of amenities and happiness enhanced to Rupees Ten Lakhs from that of Rs.1,00,000/- – For amount of compensation to be awarded under heads, pain and suffering and loss of amenities and happiness, there cannot be strait-jacket formula – It depends upon facts and circumstances of each case and it varies from person to person who has suffered due to accident – So far as awarding compensation on head of pain, shock and suffering is concerned, multiple factors are required to be considered namely, prolonged hospitalization; grievous injuries sustained; operations underwent and consequent pain, discomfort and suffering – Original claimant shall be entitled to a total sum of Rs.1,41,94,333/- with interest at the rate of 6% per annum from date of filing claim petition till realization. (Paras 6 to 9)
Facts of the case:
In a vehicular accident which occurred on 01.01.2013 claimant sustained grievous brain injuries. He underwent brain surgery. Though he was discharged from the Hospital, he remained in coma even till the claim petition was filed. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.09.2020 passed by the High Court of Karnataka at Bengaluru in M.F.A. No.3183 of 2018 (MV), the original claimant has preferred the present appeal with the prayer to enhance the amount of compensation.
Findings of Court:
Enhanced amount of compensation shall be deposited by the respondent – Insurance Company before Tribunal within a period of four weeks from today, failing which, it shall carry interest at the rate of 7.5% per annum. On such deposit, Tribunal is hereby directed to ensure that the amount of compensation is invested in long term interest bearing deposits in different Nationalized Banks or Post Office so that the amount of compensation can be used for the claimant and the same is not flittered away.
Result : Appeal Partly allowed.
Key Points: - The Supreme Court modified the High Court's judgment, holding the claimant is entitled to a total sum of Rs. 1,41,94,333/- with interest at 6% per annum from the date of filing the claim petition till realization. (!) - The High Court awarded Rs. 2,00,000/- under the head "pain and suffering" and Rs. 1,00,000/- under the head "loss of amenities and happiness". (!) (!) (!) (!) - The Supreme Court enhanced the compensation under the head "pain, shock and suffering" to Rs. 10,00,000/-. (!) - The Supreme Court enhanced the compensation under the head "loss of amenities and happiness" to Rs. 10,00,000/-. (!) - The Court noted that no amount can compensate the loss of amenities and happiness, particularly for a person who is in a coma and bedridden. (!) - The Court stated that awarding compensation for pain and suffering and loss of amenities depends on the facts and circumstances of each case and varies from person to person. (!) - Factors for awarding compensation for pain, shock, and suffering include prolonged hospitalization, grievous injuries sustained, operations undergone, and consequent pain, discomfort, and suffering. (!) - The Court stated the amount of interest was reduced from 9% to 6% per annum by the High Court, and the Supreme Court did not interfere with this reduction. (!)
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.09.2020 passed by the High Court of Karnataka at Bengaluru in M.F.A. No. 3183 of 2018 (MV), the original claimant has preferred the present appeal with the prayer to enhance the amount of compensation.
2. In a vehicular accident which occurred on 01.01.2013 the claimant sustained grievous brain injuries. He underwent brain surgery. Though he was discharged from the Hospital, he remained in coma even till the claim petition was filed. At the relevant time the claimant was working as a Process Supervisor in Deutsche Bank and earning Rs. 4,59,425/- per annum. That at the time of accident he was aged 29 years. That the claimant through his next friend i.e. his mother filed a claim petition before the Motor Accident Claims Tribunal. That the Learned Tribunal awarded Rs. 94,37,300/- on the different heads as under:
| 1. | Pain and sufferings | Rs. 1,30,000/- |
| 2. | Loss of income during laid up period | Rs. 1,36,000/- |
| 3. | Medical expenses | Rs. 9,91,869/- |
| 4. | Loss of future income due to permanent disability | Rs. 69,48,631/- |
| 5. | Loss of future amenities and happiness | Rs. 1,00,000/- |
| 6. | Attendant charges | Rs. 9,20,800/- |
| 7. | Extra nutritious food and conveyance expenses | Rs. 1,60,000/- |
| 8. | Future medical expenses | Rs. 50,000/- |
| Total | Rs. 94,37,300/- |
The learned Tribunal awarded interest at the rate of 9% per annum from the date of petition till realization.
2.1 Feeling aggrieved and dissatisfied with the judgment and award passed by the learned Tribunal awarding a total sum of Rs. 94,37,300/- towards the compensation with 9% interest both, the Insurance Company as well as the original claimant preferred appeals before the High Court. By the impugned common judgment and order, the High Court has party allowed the appeal preferred by the claimant and has enhanced the amount of compensation from Rs. 94,37,300/- to Rs. 1,24,94,333/- under different heads as under:
| 1. | Pain and suffering | Rs. 2,00,000/- |
| 2. | Medical expenses | Rs. 9,91,869/- |
| 3. | Loss of future income due to permanent disability | Rs. 88,02,464/- |
| 4. | Loss of future amenities and happiness | Rs. 1,00,000/- |
| 5. | Attendant charges | Rs. 20,40,000/- |
| 6. | Extra nutritious food and conveyance expenses | Rs. 1,60,000/- |
| 7. | Future medical expenses | Rs. 2,00,000/- |
| Total | Rs. 1,24,94,333/- |
The High Court has however, reduced the interest from 9% per annum as awarded by the learned Tribunal to the interest at the rate of 6% per annum.
2.2 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court in not awarding full claim as prayed for, the original claimant has preferred the present appeal to enhance the amount of compensation.
3. Learned counsel appearing on behalf of the claimant has vehemently submitted that in the facts and circumstances of the case the High Court has committed a grave error in awarding Rs. 2,00,000/- only under the head pain and suffering and Rs. 1,00,000/- only under the head of loss of future amenities and happiness.
3.1 It is vehemently submitted by learned counsel appearing on behalf of the claimant that in the accident the claimant sustained grievous brain injuries. He was hospitalized from 01.01.2013 to 15.03.2013 in St. John’s Hospital and from 16.03.2013 to 03.05.2013 in Brain and Spine Centre. He has undergone three major brain operations. It is submitted that thereafter all throughout he is in coma and is bedridden. It is submitted therefore that in the facts and circumstances of the case, the High Court has erred in awarding Rs. 2,00,000/- only under the head pain and suffering. Therefore, it is prayed to enhance the amount of compensation under the head pain and suffering suitably, consideri
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