Back
SUPREME COURT OF INDIA
ABAHY S. OKA, VIKRAM NATH, JJ.
Chaus Taushif Alimiya Etc. - Appellant
Versus
Memon Mahmmad Umar Anwarbhai & Ors. - Respondents
Civil Appeal Nos. 12411242 of 2023 (Arising out of SLP (Civil) Nos. 72817282 of 2022)
Decided On : 16-02-2023
Motor Vehicles Act, 1988 – Sections 168 and 173 – Injury in motor accident – Claim for just compensation – Claim for enhancement of income cannot be accepted – Appellants themselves had claimed Rs.3,000/- before High Court which claim had been accepted – High Court has held that it was just and reasonable considering year when accident had taken place and also relying upon contention raised by appellants – High Court had also awarded 50 per cent addition under head ‘future prospects’ and any claim in respect of same cannot be entertained – Multiplier applied is 18 – Charges for future medical expenses (Physiotherapy) would come to Rs. 9,72,000/- which Court approves as just and proper – Award of compensation under head ‘pain and suffering’, cannot be based on any mathematical formula, but has to be commensurate to nature of suffering and pain, its extent, length and duration – Both appellants, considering their medical conditions, would be requiring special diet supplements which may be assessed at Rs. 1,00,000/- each – Additional compensation awarded. (Paras 16, 17, 20, 23, 24, 25 and 26)
Facts of the case:
M.A.C.P. No. 638 of 2012 was filed by Sokat claiming compensation of Rs. 5,00,000/- whereas M.A.C.P. No. 122 of 2013 was filed by the other appellant Alimiya who claimed compensation of Rs. 50,00,000/- under Section 166 of the Motor Vehicles Act, 1988. In the accident, Sokat suffered a permanent disability of 70% whereas Alimiya suffered permanent disability of 95%. Aggrieved by the aforesaid order of the Tribunal, appellants preferred appeals before the High Court bearing First Appeal No. 3022 of 2018 by Alimiya and First Appeal No. 3234 of 2021 by Sokat. High Court partly allowed both the appeals and enhanced compensation adding future prospects by 50% and also enhancing the income per month from Rs. 2,000/- determined by Tribunal to Rs. 3,000/- per month as claimed by the appellants before it. It also enhanced amount under other heads.
Findings of Court:
Appellants considering their medical conditions, deserve to be suitably compensated for under head ‘loss of marriage prospects’. Appellant Alimiya be awarded Rs. 3,00,000/under this head, whereas appellant Sokat be awarded Rs. 1,50,000/-.
Result : Appeals allowed.
JUDGMENT :
Vikram Nath, J.
Leave granted.
2. Both the appellants, namely Chaus Taushif Alimiya (hereinafter referred to as “Alimiya”) and Saikh Taufik Mohammad Sokat (hereinafter referred to as “Sokat”) were travelling together in the same vehicle WagonR Car bearing registration No. GJ18AM7711. The said vehicle met with an accident on 22.08.2012, resulting into severe injuries to both the appellants.
3. M.A.C.P. No. 638 of 2012 was filed by Sokat claiming compensation of Rs. 5,00,000/ whereas M.A.C.P. No. 122 of 2013 was filed by the other appellant Alimiya who claimed compensation of Rs. 50,00,000/ under section 166 of the Motor Vehicle Act, 1988. In the accident, Sokat suffered a permanent disability of 70% whereas Alimiya suffered permanent disability of 95%. The Tribunal vide order dated 04.08.2017 awarded compensation as per the following tables:
M.A.C.P. No. 122 of 2013 (Claimant: Tausif Alimiya) :
| 1. | Rs. 6,15,60000 | Future loss of income |
| 2. | Rs. 90,45300 | Medical bills. |
| 3. | Rs. 3,00,00000 | Future Medical treatment expenses. |
| 4. | Rs. 10,00000 | For pain, shock & suffering |
| 5. | Rs. 10,00000 | For Transportation charges |
| 6. | Rs. 10,26,05300 | Total amount of compensation |
| 7. | Rs. 3,00,00000 | Amount awarded for future medical expenses is to be deducted from counting interest on total amount of Rs. 10,26,053/ |
| 8. | Rs. 7,26,05300 | 9% per annum interest would be calculated upon amount of Sr. No. 8 as mentioned. |
M.A.C.P. No. 638/2012 (Claimant: Taufik Mohmad Sokat) :
| 1. | Rs. 4,53,60000 | Future loss of income |
| 2. | Rs. 94,41900 | Medical bills. |
| 3. | Rs. 18,00000 | Actual loss of income. |
| 4. | Rs. 10,00000 | For pain, shock & suffering |
| 5. | Rs. 10,00000 | For Transportation charges |
| 6. | Rs. 5,86,01900 | Total amount of compensation |
4. Aggrieved by the aforesaid order of the Tribunal, the appellants preferred appeals before the High Court bearing First Appeal No. 3022 of 2018 by Alimiya and First Appeal No. 3234 of 2021 by Sokat. The High Court partly allowed both the appeals and enhanced the compensation adding future prospects by 50% and also enhancing the income per month from Rs. 2,000/ determined by the Tribunal to Rs. 3,000/ per month as claimed by the appellants before it. It also enhanced amount under other heads as would be apparent from the table given hereunder prepared by the High court in its order:
First Appeal No. 3022 of 2018, the appellant Alimiya would be entitled to compensation as under-
Rs. 3000/ (income per month)
+ Rs. 1,500/ (50% prospective income)
= Rs. 4,500/ x 95% (disability)
= Rs. 4,275/ x 12 = 51,300/ x 18 (multiplier)
= Rs. 9,23,400/ (Future Loss of income)
| Future Loss of income | Rs. 9,23,400/ |
| Medical bills | Rs. 90,453/ |
| Future Medical expenses | Rs. 3,00,000/ |
| Pain, shock and suffering | Rs. 1,25,000/ |
| Transportation charges | Rs. 10,000/ |
| Total Compensation | Rs. 14,48,853/ |
First Appeal No. 3234 of 2021, the appellant Sokat therein would be entitled to compensation as under-
Rs. 3000/ (income per month)
+ Rs. 1,500/ (50 % prospective income)
= Rs. 4,500/ x 70% (disability)
= Rs. 3,150/ X 12= Rs 37,800/ x 18 (multiplier)
= Rs. 6,80,400/ (Future Loss of income)
| Future Loss of income | Rs. 6,80,400/ |
| Medical bills | Rs. 94,419/ |
| Pain, shock and suffering | Rs. 75,000/ |
| Transportation charges | Rs. 10,000/ |
| Actual loss of income | Rs. 18,000/ |
| Total Compensation | Rs. 8,77,819/ |
5. Aggrieved by the same, appellants are before this Court claiming enhancement in compensation. Civil Appeal @ SLP (C) No. 7281 of 2022 is filed by Alimiya whereas Civil Appeal@ SLP (C) No. 7282 of 2022 is filed by Sokat. Enhancement has been claimed under the following different heads by the appellants :
(i) monthly income of Rs. 3,000/ is too less in today’
Injury in motor accident – Award of compensation under head ‘pain and suffering’, cannot be based on any mathematical formula, but has to be commensurate to nature of suffering and pain, its extent, ....
The court emphasized that compensation for personal injuries must reflect the severity of the injuries and the impact on the claimant's life, necessitating an enhancement of the initial award.
The main legal point established in this judgment is that loss of income should be considered as 100% in cases of severe disability, and no deduction should be made for uncertainties of life and pers....
it should be at least Rs. 6,00,000/- if the disability is more than 90%. As far as the present case is concerned, in addition to the 100% physical disability the young girl is suffering from severe i....
Permanent disability requires compensation reflecting not only past earnings but also future prospects and quality of life, acknowledging the emotional suffering of the claimant.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
