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SUPREME COURT OF INDIA
Indira Banerjee, J.K. Maheshwari, JJ.
Abhimanyu Partap Singh – Appellant
Vs.
Namita Sekhon & Another – Respondents
Civil Appeal No. 4648 of 2022 (Arising Out of SLP (C) No.18886 of 2019)
Decided on : 06-07-2022
Motor Vehicles Act, 1988 – Section 166 – Permanent disability caused in road accident – Enhanced compensation of Rs.23,20,000/- awarded by High Court – At the time of accident, claimant was five and half years of age and a student of UKG – Lower limb of claimant was completely paralysed and resulted into 100% disability, his hope to live blissful life was lost due to those injuries – His father was a Professor and mother was an IAS officer and claimant was having desire to become Executive/IAS officer because of his background – Claimant has suffered 100% permanent disability in a road accident and liability is joint and several – Due to spinal injury, he has suffered complete paralysis of both lower limbs and partial involvement of hands along with bowel and bladder – In consequence, he may suffer urinary complications throughout his life to which adequate medical attention is required – By making payment of compensation for damages would not revive claimant into his original position – Compensation towards wrongful act in terms of money though cannot be decided by Court but it may be determined as per recognized principles – By arithmetical calculation, it cannot be decided what may be exact amount of money which would represent pain and suffering to a person, but as per recognized principles, damages must be paid – Multiplier of 18 shall be applicable – Claimant has been nurtured and brought up in a status enjoyed by his parents – Capacity of claimant being an Advocate cannot be equated with other practising Advocate having no deformity in same profession – Claimant is required to make extraordinary efforts to attend proceedings in Court and to come up to expectations of client – Disablement suffered to claimant is for whole life and future loss of earning calculated by High Court only for 10 years is not justified – Under head “pain, shock and suffering”, amount of compensation deserves to be granted – Quantum of compensation enhanced to Rs.51,62,000/- alongwith 6.5% interest. (Paras 9, 10, 11, 15, 21, 24 and 25)
Facts of the case:
Instant appeal arises out of the judgment dated 21.05.2019 passed by Single Judge of High Court of Punjab and Haryana at Chandigarh in First Appeal Order No.4829 of 2002 preferred by the claimant/appellant, whereby the said appeal was partly allowed and compensation granted to the tune of Rs.9,00,000/- by Motor Accident Claims Tribunal, Chandigarh in MACT Case No. 29 of 1997 was enhanced to Rs. 23,20,000/-.
Findings of Court:
Under head of transportation, MACT awarded only Rs.15,000/- which is enhanced by High Court to the tune of Rs.50,000/-. High Court further awarded Rs.1,00,000/- in head of motorized wheel chair. In our opinion, during the life span grant of amount for motorized vehicle only for once is not just. Similarly, in the head of transportation in future, therefore, we enhance the said amount in lump sum to Rs.2,50,000/- in place of Rs.1,00,000/- Rs.50,000/- as awarded by the High Court.
Result : Appeal allowed in part.
Key Points: - Compensation must be paid for wrongful act causing permanent disability, though exact monetary value for pain and suffering cannot be determined by arithmetical calculation (!) . - The multiplier of 18 is applicable for determining compensation in cases of 100% permanent disability (!) . - Pecuniary heads include future loss of earnings, medical expenses, attendant charges, and transportation; non-pecuniary heads include pain and suffering, loss of amenities, and loss of marital bliss (!) .
JUDGMENT
J.K. Maheshwari, J.
Leave granted.
2. The instant appeal arises out of the judgment dated 21.05.2019 passed by the Single Judge of the High Court of Punjab and Haryana at Chandigarh in First Appeal Order No.4829 of 2002 preferred by the claimant/appellant (hereinafter to be referred to as "claimant"), whereby the said appeal was partly allowed and the compensation granted to the tune of Rs. 9,00,000/- by the Motor Accident Claims Tribunal, Chandigarh (hereinafter to be referred to as "MACT") in MACT Case No. 29 of 1997 was enhanced to Rs. 23,20,000/-.
3. The claimant filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (in short "M.V. Act") asking compensation to the tune of Rs. 200,000,00/- (two crores only) in various heads on account of permanent disability caused to him arising out of a road accident occurred on 10.11.1996, for which FIR was lodged on 11.11.1996. At the time of accident, claimant was five and half years of age and a student of UKG, suffered multiple injuries like cerebral edema/brain edema, fracture right part of temporal bone, spinal cord, lower limbs, due to which he was having loss of speech, convulsions, injuries on face. The lower limb of claimant was completely paralysed resulted into 100% disability, his hope to live blissful life was lost due to those injuries. It is said his father was a professor and mother was an IAS officer, the claimant was having desire to become Executive/IAS officer because of his background. On account of head injuries including the fracture in temporal bone, the development and capacity of the brain was not comparable to a common man. Due to injuries in lower limbs, he lost the senses for calls of nature and needs all time attendants for his daily routine work. He cannot move without wheel chair or motorized vehicle, thus his future is in complete jeopardy.
4. The MACT while deciding the claim petition recorded the finding of joint and several liability and the claimant has suffered 100% disability. The Tribunal calculated the compensation applying the multiplier of 16 and awarded Rs. 1,92,000/- in the head of attendant charges @ Rs. 1,000/- per month, for physiotherapy Rs. 2,88,000/- @ Rs. 50 per day, Rs. 15,000/- has been awarded in transportation charges, and Rs. 5,000/- for use of diapers in future. The Tribunal granted Rs. 4,00,000/- in the head of loss of expectations of life, loss of marital bliss, loss of enjoyment and amenities of life, permanent disability, pain and sufferings, thus awarded total sum of Rs. 9,00,000/- with interest @ 9% per annum from the date of filing of the claim petition till the date of payment.
5. The adequacy of the grant of compensation was assailed by the claimant by filing an appeal before the High Court which was allowed in part vide order dated 21.05.2019. The Court awarded Rs. 1,00,000/- for the motorized wheel chair. The future loss of earning is awarded to the tune of Rs. 6,00,000/- accepting the loss of Rs. 60,000/- per annum for 10 years only. The attendant charges as granted by the claims Tribunal is enhanced to the tune of Rs. 7,08,000/- @ Rs. 3,500/- per month only for 20 years. In appeal, in the head of medicines, physiotherapy and diapers the High Court awarded Rs. 8,00,000/- in lump sum enhancing the amount as allowed by MACT. In the head of loss of amenities of life, marital bliss Rs. 3,00,000/- was allowed and Rs. 1,00,000/- for the special diet enhancing the total amount of compensation to the tune of Rs. 23,20,000/-. The High Court further directed to pay interest on the enhanced amount @ 7.25% p.a. from the date of filing of Claim Petition till its payment.
6. By filing this appeal, the inadequacy of grant of compensation by MACT and also by the High Court has been questioned seeking enhancement applying the just and reasonable theory, looking to the nature of permanent disability, the profession which he is doing, in pecuniary as well as in non- pecuniary heads. It is urged that the compensat
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