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SUPREME COURT OF INDIA
Sanjay Karol, Prashant Kumar Mishra, JJ.
Jakaria Mondal @ Jakai @ Jikai – Appellant
Versus
The National Insurance Co. Ltd. & Anr. – Respondents
Civil Appeal No. 2633 of 2025 (Arising out of SLP(C) No. 30072 of 2024)
Decided On : 17-02-2025
Motor Vehicles Act, 1988 – Section 163(A)/166 – Motor accident – 80% disability suffered by claimant-appellant – Total compensation of Rs.12,27,680/- awarded by High Court – Claim for more compensation – Tribunal and High Court erred in calculating compensation payable to claimant-appellant – In the event that Courts below found evidence submitted by him to support his claim of having earnings @Rs.9000/- per month, recourse should have been made to minimum wages, as may be prescribed, for relevant point in time, by competent authority – When it comes to loss of earnings and disability both findings are at 80% – Given nature, extent of injury and effect, the injury has had on daily life of claimant-appellant, rendering him unable to function without support, it is appropriate to take disability to be 100% – Percentage of disability calculated does not have any chance of variation nor does said finding require review – Quantum of compensation enhanced to Rs.36,04,400/- alongwith 6.5% interest. (Paras 12, 13, 14 and 15)
Facts of the case:
Claimant-appellant filed an application for compensation under Section 163(A)/166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.16,00,000/- plus cost and interest. Total compensation of Rs.12,27,680/- was awarded by High Court.
Findings of Court:
Rate of interest awarded by the Tribunal @ 6.5% remains unchanged, calculable from the date of filing of the claim petition. The total amount be kept in Fixed Deposit with a nationalized bank, in accordance with the original direction of the Tribunal.
Result : Civil Appeal allowed.
| Table of Content |
|---|
| 1. accident details and treatment (Para 2 , 3 , 5) |
| 2. fir registration (Para 4) |
| 3. claim for compensation (Para 6) |
| 4. tribunal's findings on liability (Para 7 , 8 , 9 , 12 , 13) |
| 5. high court's compensation assessment (Para 10) |
| 6. claimant's challenge to compensation (Para 11) |
| 7. recalculated compensation (Para 14 , 15) |
ORDER :
Leave granted.
2. This appeal is directed against the judgment and order dated 18th August, 2023 in FMAT No.342 of 2017 passed by the High Court at Calcutta, which in turn was preferred against the judgment and order dated 23rd September, 2016 passed in MAC No.311 of 2013 by the Additional District Judge, 1st Court, Krishnagar, Nadia and Motor Accidents Claims Tribunal.
3. The brief facts giving rise to this appeal are that on 6th June, 2013 the offending vehicle bearing No.WB-52P5415 while proceedings towards Debagram, lost control and dashed into the claimant-appellant who was standing at the side of the National Highway-34 with his motorcycle. Upon collision, he was taken to Bethnadahari Hospital, by the bystanders and subsequently to Nadia District Hospital considering the nature of injuries sustained by him and then still further to NRS Medical College and Hospital on 7th June, 2013 for advanced treatment.
4. In connection with this incident FIR No.412/2013 was registered under Sections 279 and 338 of the Indian Penal Code at Kaliganj Police Station.
5. After two months of treatment at the NRS Medical College and Hospital, the claimant-appellant was discharged on 17th August, 2013, but that was not the end of his medical treatment odessey and he continued seeking medical attention at the Christian Medical College, Vellore.
6. The claimant-appellant filed an application for compensation under Section 163(A)/166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.16,00,000/- plus cost and interest, submitting therein that as an embroider at Shabana Hand Embroidery, E-Sector, Mumbai-88 he earned Rs.300/- per day.
7. The Tribunal, by its judgment and order, held that the driver of the offending vehicle was solely responsible for the accident and, therefore, the owner of the said vehicle and the insurer thereof were liable to pay compensation to the claimant-appellant herein. The board of doctors at the District Hospital, Nadia, examined the disability sustained by him to be at 80%. The Order of the Tribunal is as below:-
The Ops, owner/insured and the insurer/insurance company both of the offending vehicle, are jointly and severally liable to satisfy the award of compensation.
OP No.2 National Insurance Company Ltd. Is directed to deposit the awarded amount of compensation of Rs.5,49,600/- (Rupees Five Lakhs Forty Nine Thousand and Six Hundreds Only) with accrued simple interest thereon @6.5% per annum from the date of filing of the claim petition, that is on 17.09.2013 till the date of realisation to the credit of the petitioner/claimant/injured in the fixed deposit term of 10 years in consultation with a Nationalised Bank under special scheme that the fixed deposit shall be automatically renewed till the period prescribed by the Tribunal without allowing any loan or advance. Interest on the fixed deposit shall be paid monthly and the monthly interest shall be credited automatically in the savings account of the claimant/petitioner/injured.”
The Insurance Company was directed to comply with the order within a period of two months.
8. Dissatisfied with the amount of compensation awarded, the claimant- appellant approached the High Court. The grounds of challenge were that the Tribunal had determined the income of the claimant-appellant at Rs.3000/- per month, whereas the claimant-appellant h
Injury in motor accident – Quantum of compensation must be adequate and it cannot be meager.
The main legal point established is that the assessment of disability and loss of earning capacity should consider the nature of the claimant's occupation, prevailing wage structures, and medical evi....
The court established that oral evidence is crucial for determining income in compensation claims, emphasizing the need for accurate assessment of disability.
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
Point of law : As the age of the appellant was 19 years on the date of the accident and as he was self-employed person, the appellant would be entitled to prospective income to the tune of 40%. As th....
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