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SUPREME COURT OF INDIA
Surya Kant, C.T. Ravikumar, JJ.
Divisional Manager, Oriental Insurance Co. Ltd. – Appellant
Versus
Maran Chandra Das – Respondent
Special Leave To Appeal (C) No. 11189/2022
Decided On : 12-07-2022
compensation - pain and suffering - [No specific subject mentioned] - [No specific act section mentioned] - The court upheld the compensation awarded by the High Court for pain and suffering, considering the prolonged agony and suffering of the deceased and his parents.
Fact of the Case:
The deceased son of the respondent(s) met with an accident and underwent multiple surgeries but eventually succumbed to injuries. The parents witnessed the pain, agony, and suffering of their son for almost one year.
Finding of the Court:
The court found no ground to interfere with the impugned judgment passed by the High Court and dismissed the special leave petition.
Issues: The question of law sought to be raised on behalf of the petitioner does not arise for consideration.
Ratio Decidendi: The compensation awarded by the High Court, under the head of pain and suffering, was upheld by the court, considering the prolonged agony and suffering of the deceased and his parents.
Final Decision: The special leave petition is dismissed, and pending application(s), if any, shall stand disposed of.
ORDER
1. Having heard learned counsel for the petitioner at a considerable length, we do not find any ground to interfere with the impugned judgment dtd. 7/1/2021 passed by the High Court of Tripura.
2. The question of law sought to be raised on behalf of the petitioner does not arise for consideration for the reason that the deceased son of the respondent(s) met with an accident on Signature Not Verified 22/10/2015 and he remained hospitalized at Kolkata where multiple surgeries were performed on him. However, he could not survive and succumbed to injuries on 13/9/2016.
3. In the peculiar facts and circumstances of this case, where the parents witnessed the pain, agony and suffering of their son for almost one year, the compensation awarded by the High Court, under the head of pain and suffering, cannot be said to be without any basis. The parents themselves also suffered unbearable pain every moment during this entire period. For the reasons afore-stated, the special leave petition is dismissed.
4. Pending application(s), if any, shall stand disposed of.
The court upheld the compensation awarded for pain and suffering, considering the prolonged agony and suffering of the deceased and his parents.
The entitlement of legal representatives to pursue claims for loss of estate of the deceased in motor accident claim petitions, and the need for a liberal interpretation of the provisions of the Act ....
The court emphasized that just compensation must consider the actual loss and future stability of dependents, rejecting arbitrary reductions by appellate courts.
Compensation for loss of income must reflect actual loss and should not rely solely on ownership transfers posthumously.
Legal heirs are entitled to claim compensation for pain and suffering of the deceased, as personal claims survive under the Kerala Torts (Miscellaneous Provisions) Act, 1977.
(1) In case of death, legal representatives of deceased can pursue claim – Property, under the Act, will have a much wider connotation than conventional definition.(2) In assessing, what has been des....
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