Fair compensation in personal injury cases must be comprehensive, accounting for future medical needs, disability impact on earnings, and changes in the claimant's occupational capabilities.

JUDGMENT :

PRATEEK JALAN, J.

1. These two appeals - one by Oriental Insurance Company Limited [“the Insurance Company”], and the other by Mr. Manoj Jain, who was the claimant before the Motor Accident Claims Tribunal [“the Tribunal”] - are directed against an award dated 21.05.2024 passed by the Tribunal in Suit No. 653/10/09. The proceedings before the Tribunal arose out of a road traffic accident on 20.12.2008, in which, the claimant was injured. By the said award, the Tribunal awarded a compensation of Rs. 69,03,713/-, alongwith interest at the rate of 9% per annum, in favour of the claimant.

A. FACTS

2. The facts relating to the accident, as they appear from the impugned award, are that the claimant, alongwith a pillion-rider, was riding a motorcycle [bearing registration No. DL-7SZ-0755]. On 20.12.2008, at about 9 PM, at a location near Gupta Market Bus Stand, Lajpat Nagar, the motorcycle was hit by a truck [bearing registration No. HR-38-R-7155] [“the offending vehicle”]. Both passengers on the motorcycle suffered grievous injuries. The claimant’s right leg was crushed under the wheel of the offending vehicle.

3. The accident resulted in registration of an FIR bearing No. 28/2009, in Police Station Lajpat Nagar, against the driver of the offending vehicle, under Sections 279 and 338 of the Indian Penal Code, 1860. A chargesheet was also filed against him.

4. The claimant was initially treated for his injuries at Jai Prakash Narayan Apex Trauma Centre, AIIMS. Thereafter, he was under further treatment at Metro Hospital and Heart Institute, Noida, Vimhans Hospital, Delhi, and Apollo Hospital, Delhi, during the period spanning from 21.12.2008 to 02.07.2011. The claimant underwent multiple surgical procedures, including amputation of his right leg above the knee.

5. Two disability certificates were issued in the present case. The first certificate dated 09.12.2010 [Ex.PW-1/1], by Lal Bahadur Shastri Hospital, Delhi, showed that his physical impairment was assessed at 87% physical disability relating to the right lower limb. This certificate described his condition as non-progressive, not likely to improve and did not recommend re-assessment. A second disability certificate was, however, issued by Pandit Madan Mohan Malaviya Hospital, Delhi, on 19.09.2011 [Ex. PW- 2/A], in which his disability was assessed at 80% in the same limb. The condition was stated to be progressive, likely to improve, and re-assessment was recommended after six months.

6. The claimant filed compensation proceedings before the Tribunal, and a detailed accident report was also submitted by the police authorities. The driver and owner of the offending vehicle were impleaded as respondents before the Tribunal.

7. The compensation proceedings culminated in a finding of rash and negligent driving against the driver of the offending vehicle, resulting in the impugned award of Rs. 69,03,713/-, alongwith 9% interest per annum, in favour of the claimant, under the following heads:

8. Although the driver and owner of the offending vehicle are also parties to both these appeals, service upon them was dispensed with by ord