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SUPREME COURT OF INDIA
A.S. Bopanna, Pamidighantam Sri Narasimha, JJ.
C.L. Harikumar – Appellant
Versus
M. Pazhaniswamy & Anr. – Respondents
Civil Appeal No(s). 5927 of 2022 Arising Out of SLP(C) No. 14352 of 2019
Decided On : 02-09-2022
Compensation - Motor Accidents Claims Tribunal - Income of the Appellant - Rs. 2,500/- per month - Rs.3,40,900/- compensation - Enhanced to Rs. 5,44,300/- - Further enhancement sought due to amputation - Total compensation determined at Rs. 6,00,000/- - Rs.55,700/- to be deposited with interest at 7.5% p.a. - Appeal disposed of
Fact of the Case:
The appellant appealed the judgment of the High Court seeking further enhancement of compensation after the High Court had already enhanced it from Rs.3,40,900 to Rs. 5,44,300 based on the appellant's income. The appellant contended that due to amputation, a higher rate of disability should have been considered.
Finding of the Court:
The court found that there was no evidence to indicate that the appellant was a tractor driver who had lost his avocation and could not do any other work to arrive at a higher rate of disability. However, considering the amputation and the pain and agony suffered, the court granted a global enhancement and determined the total compensation at Rs. 6,00,000.
Issues: Enhancement of compensation, consideration of disability due to amputation
Ratio Decidendi: The court considered the evidence and the appellant's contentions regarding the disability due to amputation, and while finding no evidence to support a higher rate of disability, granted a global enhancement based on the amputation and pain suffered.
Final Decision: The court disposed of the appeal and ordered the respondent to deposit the enhanced portion of the compensation with interest, and allowed the respondent to recover the amount from the owner of the vehicle as ordered by the High Court.
ORDER
1. Leave granted.
2. The appellant is before this Court assailing the judgment dated 01.08.2018, passed by the High Court of Kerala at Ernakulam in MACA. No. 631/2012. Through this appeal, the appellant is seeking further enhancement of the compensation.
3. Having heard the learned counsel for the appellant,a perusal of the records indicate that the Motor Accidents Claims Tribunal (for short 'MACT') having considered the evidence on record, had reckoned the income of the appellant at Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) per month and has thereafter, arrived at the compensation of Rs.3,40,900/- (Three Lakhs Forty Thousand Nine Hundred Only) with interest.
4. The High Court, while taking into consideration the grounds urged in the appeal, has enhanced the compensation to Rs. 5,44,300/- (Rupees Five Lakhs Forty Four Thousand Three Hundred Only) by reckoning the income of the petitioner at Rs.4,500/- (Rupees Four Thousand Five Hundred Only) per month.
5. The learned counsel for the appellant while seeking further enhancement, has contended that the appellant was a tractor driver, due to the injuries suffered in the accident his hand was amputated and therefore, the disability ought to have been taken at a higher percentage than the one reckoned by the MACT.
6. Having given our thoughtful consideration to the said submission, we find that there is no evidence placed before the MACT to indicate that the petitioner was in fact a tractor driver who has lost his avocation subsequently and cannot do any other work so as to arrive at any higher rate of disability.
7. Be that as it may, taking into consideration that the hand of the appellant was amputated and has undergone certain pain and agony, it would be appropriate to grant global enhancement and determine the total compensation at Rs. 6,00,000/- (Rupees Six Lakhs Only) as against Rs. 5,44,300/-(Rupees Five Lakhs Forty Four Thousand Three Hundred Only) granted by the High Court. The enhanced portion amounting to Rs.55,700/- (Rupees Fifty Five Thousand Seven Hundred Only) shall be deposited with interest at 7.5% p.a. from the date of petition before the MACT by the Respondent No.3 (United India Insurance Co. Ltd.) within six weeks from the date of receipt of a copy of this Order. The Respondent No.3 (United India Insurance Co. Ltd.) shall be entitled to recover the said amount from the owner of the vehicle, as was ordered by the High Court.
8. The appeal is accordingly, disposed of.
9. Pending application(s), if any, shall stand disposed of.
The main legal point established in the judgment is the court's discretion to grant a global enhancement of compensation based on the circumstances of the case, even in the absence of specific eviden....
The main legal point established in the judgment is the determination of enhanced compensation based on the claimant's income, future prospects, disability percentages, and additional amounts for los....
The court emphasized the need to consider the nature of employment, future medical expenses, and attendant charges in determining enhanced compensation for motor accident claims.
The court determined enhanced compensation based on appropriate notional income, acknowledging future prospects and deductions for self-expense, resulting in total compensation of Rs.15,69,400.
The court emphasized the importance of considering the deceased's future prospects and other conventional heads in the calculation of compensation under the Motor Vehicles Act, 1988.
The court emphasized that failure to account for permanent disability in compensation calculations constitutes an oversight, warranting enhancement of the total award.
Injury in motor accident – Quantum of compensation must be adequate and in consonance with minimum wage prevalent in the area where is an unskilled labourer.
Grievous injuries suffered in motor accident – There is no restriction on Tribunal in awarding compensation exceeding claimed amount under Motor Vehicles Act, 1988 – Function of Tribunal is to award ....
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