2023 Supreme(SC) 624

SUPREME COURT OF INDIA
B.R. GAVAI, VIKRAM NATH, JJ.
Rahul Ganpatrao Sable - Appellant
Versus
Laxman Maruti Jadhav (Dead) Through Lrs. And Ors. – Respondents
Civil Appeal Nos. of 2023 (arising out of S.L.P.(C) No.26871 of 2019), Civil Appeal No. of 2023 (arising out of S.L.P.(C) No. 27394 of 2019)
Decided on : 05-07-2023

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 personal expenses. The appropriate multiplier should be applied based on the age of the injured party. Compensation can be awarded for attendant expenses, future medical expenses, loss of marriage prospects, and pain and suffering. Loss of consortium and loss of estate and funeral expenses should be separately awarded to each dependent. The Court also clarified the calculation of compensation for loss of income, future prospects, deduction towards personal expenses, loss of consortium, and loss of estate and funeral expenses.

Headnote:

Motor Accident Claims Tribunal awarded compensation to the injured-claimant. High Court enhanced the compensation. The Court referred to relevant case law, including Sarla Verma v. Delhi Transport Corporation and National Insurance Company Ltd. v. Pranay Sethi, to determine the appropriate loss of income, uncertainties of life, deduction towards personal expenses, and multiplier. The Court also considered the judgment in Lalan D. v. Oriental Insurance Company Ltd. regarding loss of income. The Court awarded compensation for attendant expenses, future medical expenses, loss of marriage prospects, and pain and suffering. The Court also addressed the issues raised in the second appeal and made rulings on loss of income, future prospects, deduction towards personal expenses, loss of consortium, and loss of estate and funeral expenses.

Fact of the Case:

The appellant, an injured-claimant, appealed against the judgment of the High Court awarding additional compensation for a motor accident. The appellant suffered severe injuries resulting in permanent disability. The High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal. The appellant appealed for compensation under several heads and enhancement of the amounts awarded. The issues raised include loss of income, uncertainties of life, deduction towards personal expenses, multiplier, attendant expenses, future medical expenses, loss of marriage prospects, and pain and suffering. The Court considered each issue and made appropriate rulings.

Finding of the Court:

The Court analyzed the arguments presented by both parties and referred to relevant case law to support its rulings. It held that the loss of income should be considered as 100% due to the nature of the disability. It also ruled that no deduction should be made for uncertainties of life and personal expenses. The Court applied the appropriate multiplier for the appellant's age and awarded compensation for attendant expenses, future medical expenses, loss of marriage prospects, and pain and suffering. The Court also addressed the issues raised in the second appeal and made rulings on loss of income, future prospects, deduction towards personal expenses, loss of consortium, and loss of estate and funeral expenses.

Ratio Decidendi: The Court held that loss of income should be considered as 100% due to the nature of the disability. It ruled that no deduction should be made for uncertainties of life and personal expenses. The Court applied the appropriate multiplier for the appellant's age and awarded compensation for attendant expenses, future medical expenses, loss of marriage prospects, and pain and suffering. The Court also ruled on the issues raised in the second appeal regarding loss of income, future prospects, deduction towards personal expenses, loss of consortium, and loss of estate and funeral expenses.

Result: The appeals were allowed. The Tribunal was directed to calculate the amount of compensation afresh in accordance with the Court's rulings. The additional amount determined by the Tribunal would be subject to 7.5% interest from the date of filing the claim petition(s). The amount would be deposited and paid to the dependent/appellants according to law. No costs were awarded. Pending applications were disposed of.