REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 237 OF 2012

[ARISING OUT OF SLP (CIVIL) NO.9850 OF 2010]

MOHAN SONI

… APPELLANT

VERSUS

RAM AVTAR TOMAR AND ORS.

… RESPONDENTS

J U D G M E N T

Aftab Alam, J.

1.

Leave granted.

2.

The appellant, victim of a motor vehicle accident has come to

this Court making grievance about the low amount of compensation

awarded to him by the Tribunal and the High Court.

3.

The appellant used to earn his livelihood as a cart puller. On

December 17, 2003, at about 3.00 P.M. he was carrying some goods

on a four-wheel cart when he was hit by a tanker which was being

driven in a rash and negligent manner. In the accident, the left leg of

the appellant was crushed. The X-Ray report showed multiple

fractures in the left leg. He was admitted to a hospital where he had

to undergo two surgeries between December 17, 2003 and January

3, 2004 and in the end his left leg was amputated below the knee.

He filed an application (Claim Case No.16/2004) before the Second

Additional Motor Accident Claims Tribunal, Gwalior, (M.P.), claiming

compensation for the injuries suffered by him under section 166 of

the Motor Vehicles Act, 1988. It was stated by him before the

Tribunal that at the time of accident his age was 50 years and his

monthly income, as a cart puller, was Rs.3,300/-. As a result of the

amputation of his leg, he was no longer in a position to walk without

support and he was, therefore, rendered incapable of doing any work

and to earn his livelihood.

4.

The Tribunal found and held that the accident took place as a

result of the negligent and rash driving by the tanker driver. It further

held that at the time of the accident the age of the appellant was 55

years and his monthly income was Rs.2,400/- and not Rs.3,300/- as

claimed by him. Coming to the extent of disability, the Tribunal

referred to the disabled-person identity card given to the appellant

(Exhibit P.27) in which his disability was shown as 60%. The Tribunal

also observed that when the claimant appeared in court, it was

evident that his left leg was amputated below the knee. Though the

appellant’s disabled-person card showed his disability as 60%, the

Tribunal, with reference to Schedule 1 of the Workmen’s

Compensation Act, 1923, held that the appellant’s disability could not

be reckoned above 50%.

5.

Having held that that the appellant’s age at the time of the

accident was 55 years, the Tribunal applied the multiplier of 11 and

on the basis of the findings that the appellant’s monthly income was

Rs.2,400/- and the extent of his disability was 50%, fixed the amount

of Rs.1,58,400/- as compensation for loss of future earnings. In

addition to this, the Tribunal gave to the appellant Rs.30,000/- for

mental and physical agony due to permanent disability and a further

sum of Rs.15,000/- for medical expenses and special diet.

Accordingly, the Tribunal, by its award dated July 31, 2004 held the

appellant entitled to receive a total sum of Rs.2,03,400/- as

compensation along with interest at the rate of 9% per annum from

the date of filing of the claim petition on January 9, 2004 till the date

of payment.

6.

Against the award of the Tribunal, the appellant preferred an

appeal (Miscellaneous Appeal No.844 of 2004) before the Madhya

Pradesh High Court, Gwalior Bench. In the High Court, the case was

referred to Lok Adalat where the Insurance Company agreed for

enhancement of the amount of compensation by Rs.50,000/-. It,

however, appears that the matter could not be settled in the Lok

Adalat and the appeal came to be finally heard and disposed of by

the High Court on merits. The High Court by its judgment and order

dated April 1, 2009 simply raised the amount of the monthly income

of the appellant from Rs.2,400/- to Rs.3,000/- and, thereby, arrived at

a sum of Rs.1,98,000/- as co