2021 Supreme(SC) 1136
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, A.S. BOPANNA, JJ.
Beant Singh – Appellant
Versus
Zorawar Singh and Others – Respondents
Civil Appeal No 6612 of 2021 (Arising out of SLP (C) No 2219 of 2019)
Decided on : 08-11-2021
Advocate Appeared:
For the Appellant : Ms. Radhika Gautam, AOR
For the Respondent: Mr. Maibam Nabaghanashyam Singh, Ms. Ranjeeta Rohatgi, AOR
The court has the authority to enhance compensation for attendant charges and award a consolidated amount for future medical expenses based on the nature of the claimant's condition and disability.
Headnote:
Compensation - Motor Vehicle Accident - The court enhanced the compensation awarded by the High Court to the claimant who suffered a serious spinal injury, leaving him completely paralyzed and disabled. The court increased the compensation for attendant charges and awarded a consolidated amount for future medical expenses.
Fact of the Case:
The appellant sustained serious spinal injuries in a motor vehicle accident and was completely paralyzed and disabled. The Motor Accident Claims Tribunal awarded compensation, which was later enhanced by the High Court. The appellant sought further enhancement of compensation.
Finding of the Court:
The court found that the compensation for attendant charges was on the lower side and needed to be enhanced. It also awarded a consolidated amount for future medical expenses, considering the nature of the appellant's condition and disability.
Issues: The issues revolved around the adequacy of compensation for attendant charges and the provision for future medical expenses for the completely disabled appellant.
Ratio Decidendi: The court decided to enhance the compensation for attendant charges and awarded a consolidated amount for future medical expenses based on the nature of the appellant's condition and disability.
Final Decision: The court allowed the appeal and enhanced the compensation awarded by the High Court by a further sum, with interest payable at 7.5% per annum from the date of the claim petition until payment. The payment was to be credited in the electronic mode into the bank account of the appellant within eight weeks from the date of the judgment.
ORDER :
1. Leave granted.
2. The appeal arises from a judgment of a Single Judge of the High Court of Punjab and Haryana. The High Court disposed of FAO No 4473 of 2015 (O&M) instituted by the appellant who was the claimant before the Motor Accident Claims Tribunal, Ropar and FAO No 1355 of 2015 (O&M) instituted by the United India Insurance Company Limited. The appeal against the decision of the High Court is by the claimant who seeks an enhancement of compensation.
3. The claim by the appellant arose out of the injuries which he sustained in a motor vehicle accident which took place on 24 October 2012. The appellant suffered a serious spinal injury leaving him completely paralyzed and disabled. The Tribunal awarded compensation against respondent Nos 1 to 3 in the amount of Rs 20,13,574/- which was computed as follows:
| 1. Medical expenses | Rs.6,15,574.34 |
| 2. Loss of future income on account of disability of 100% | Rs. 10,08,000/-(Rs.6000 x 12 x 14) |
| 3. Pain and sufferings | Rs. 70,000/- |
| 4. Special diet | Rs.20,000/- |
| 5. Attendant charges | Rs.1.5 lakh |
| 6. Loss of amenities, expectation of life future medical charges and transportation expenses | Rs.1.5 lakh |
4. The High Court has enhanced the award of compensation by an additional amount of Rs 4,65,640/-. Interest has been awarded at 7.5% from the date of the claim petition until realization.
5. Ms Radhika Gautam, learned counsel appearing on behalf of the appellant submitted that the award of compensation needs to be suitably enhanced on two counts. Firstly, it has been submitted that the High Court assessed the requirement of a medical attendant considering the fact that the appellant is one hundred per cent disabled, but, at the same time, confined the monthly expenses to Rs 2,000/- which is on the lower side. Learned counsel submitted that considering the fact that the appellant is completely disabled and is bed ridden, he would in fact require the services of two attendants on a round the clock basis. The second ground on which enhancement of compensation is claimed is that the High Court has not made any provision for future medical expenses.
6. On the other hand, Mr Maibam Nabaghanashyam Singh, learned counsel appearing on behalf of the insurer submitted that:
(i) The enhancement made by the the High Court is sufficient to meet the ends of justice having regard to the fact that there is an absence of evidence on the exact nature of the medical condition and requirements of the appellant;
(ii) The High Court has duly taken note of the loss of future prospects in enhancing the compensation; and
(iii) An amount of Rs 5.38 lakhs was awarded towards medical expenses.
7. The appellant has suffered a complete and total disability as a result of the accident. This has been noticed in the award of the Tribunal. The Tribunal has on the basis of the evidence rendered a finding that the appellant had received injuries on his spinal cord and other parts of the body as a result of which he has been paralyzed. PW 2, who deposed during the course of the proceedings, stated that he was rendering service as an attendant to the appellant. The nature of the disability was also affirmed in the evidence of PW 4, Dr Navtej Pal Singh, who has assessed the disability to be permanent and to the extent of one hundred per cent.
8. In this backdrop, we are of the view that the award of compensation towards attendant charges by the High Court was on the lower side and needs to be enhanced. The High Court has computed the monthly expenses at Rs 2,000 for a period of fourteen years. In the facts and circumstances, we are of the considered view that the attendant charges admissible should be enhanced to Rs 8,000 per month. Taking a multiplier of 14 as applied by the High Court, a total amount of Rs 13,44,000 becomes payable. Since the High Court has awarded an am