SUPREME COURT OF INDIA
J. K. Maheshwari, Sanjay Karol, JJ.
Gauribai – Appellant
Versus
Savitadevi & Others – Respondents
Civil Appeals No. 2689-2691 of 2024: arising from SLPs (Civil) No. 9194-9195 of 2012 against the order dated 5.5.2011 passed in Miscellaneous Appeal No. 2576/2011 and order dated 29.7.2011 passed in Review Petition No. 274/2011 by the High Court of Madhya Pradesh, Main Seat at Jabalpur
Decided on : 20-02-2024
(1) Motor Vehicles Act, 1988 -- Ss. 166 and 168 -- income -- household work -- minimum earning of injured/claimant is to be taken at Rs. 4,000/- per month. [Para 3]
(2) Motor Vehicles Act, 1988 -- S. 168 -- 100% functional disability due to amputation -- injured/claimant 30 years of age -- income taken at Rs. 4,000/- per month for household work -- multiplier of 17 applicable -- future prospects to extent of 40% required to be added in head of future loss of earning -- medical expenses rightly awarded as per medical bills -- Rs. 5,000/- awarded for special diet enhanced by Rs. 50,000/- -- Rs. 25,000/- awarded for pain and suffering for amputation of leg enhanced to Rs. 1,00,000/- -- Rs. 50,000/- awarded for artificial limb enhanced to Rs. 2,00,000/-
-- appellant-claimant entitled to total compensation of Rs. 16,99,400/- payable with interest at 7.5% per annum from date of filing of claim petition. [Paras 3 to 8]
ORDER
1. Leave granted.
2. Arising out of the Order dated 5.5.2011 M.A. No.2576/2011, and the Order dated 29.7.2011 in Review Petition No.274/2011 passed by the High Court of Madhya Pradesh Judicature at Jabalpur enhancing the amount of compensation to the extent of Rs.2,05,000/-, the claimant(s) who suffered 100% functional disability in a case of amputation, has approached this Court for further enhancement.
3. After hearing learned counsel appearing for the parties and keeping in view the fact, as pointed out by them that, on the date of accident i.e. 23.4.2007, the earning of the claimant(s), as accepted by the Motor Accident Claims Tribunal (for short ‘MACT’) at Rs.2,500/- per month, appears to be on a lower side. Even for household work, on the date of accident, the minimum earning of the injured/claimant(s) is to be taken at Rs.4,000/- per month.
4. Accepting the finding of 100% functional disability, as recorded by the High Court, and keeping in view the age of the injured/claimant(s) on the date of accident, if multiplier of ‘17’ is made applicable, future loss of earning comes to Rs.8,16,000/-. As the claimant(s) being 30 years of age however, future prospects to the extent of 40% is required to be added in the head of future loss of earning, then the sum as allowed, comes to Rs.3,26,400/-. The medical expenses have rightly been awarded both by the MACT as well as by the High Court at Rs.2,07,000/- looking to the relevant medical bills available on record.
5. In the head of ‘special diet’, the amount of Rs.5,000/- by the two Forums (MACT as well as the High Court) appears to be on a lower side, which we now enhance by Rs.50,000/-.
6. In the head of ‘pain and suffering’, looking at the nature of injuries suffered by the claimant(s), i.e. amputation of leg, the sum of Rs.25,000/-, as earlier awarded, is on lower side, which we now enhance to Rs.1,00,000/-.
7. Further, in the head of ‘artificial limb’, the sum of Rs.50,000/-, as awarded, is on the lower side, which we now enhance to Rs.2,00,000/-.
8. On computing the said amount (enhanced or otherwise), the appellant-claimant would be entitled to the total compensation of Rs.16,99,400/-. The High Court has awarded a sum of Rs.9,10,000/-, if we deduct the same, then the balance enhanced amount comes to Rs.7,89,400/- which shall be payable with interest at 7.5% per annum from the date of filing of the claim petition(s) till its realization. The enhanced amount of compensation shall be deposited by the respondent(s) within a period of six weeks from the date of receipt of a copy of this Order.
9. In view of the above, the appeals are allowed in part.
10. Pending application(s), if any, shall stand disposed of.
Court emphasized the need for compensation to reflect permanent disability and loss of earning capacity, enhancing the award to ensure justice.
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