Motor Vehicles Act, 1988:
s. 173 – Compensation – Claimed – Motor accident – Causing partial and permanent disability – To 25 years old unmarried person – Tribunal awarded Rs. 3,43,000/- towards compensation – High Court dismissed the appeal of the claimant – On appeal, held: Claimant was able to make out a case for further enhancement in the quantum of compensation – He is entitled for a further sum of Rs.5,00,000/- in lump sum in addition to the sum awarded by the Tribunal – However, interest is not awarded on the enhanced sum of Rs. 5,00,000/-.
Allowing the appeal, the Court
HELD: 1. The appellant was able to make out a case for further enhancement in the quantum of compensation awarded by the Tribunal. The appellant (claimant) was a young unmarried boy of 25 years at the time of accident and did not suffer with any kind of ailment. He had sustained fracture of both pelvic bones with rapture of urethra and abdomen injuries for which he underwent four operations and suffered partial but permanent disability in his body which reduced his movement capacity to a larger extent. Due to partial but permanent disability, also lost his job. He spent a substantial sum for his medical treatment. Since he was still not able to move freely due to disabilities suffered by him, he is entitled to be suitably compensated by awarding him monetary compensation. [Paras 11 and 12] [879-CF]
2. The appellant is entitled for a further sum of Rs.5,00,000/in lump sum in addition to what has been awarded by the Tribunal, i.e., Rs.3,43,000/-. Thus, the appellant (claimant) is now entitled to claim a total sum of Rs.8,43,000/- from the respondents jointly and severally by way of compensation for the injuries sustained, partial and permanent disability occurred, medical expenses incurred and loss occasioned due to injuries sustained by him in the accident. However, interest is not awarded on the enhanced sum of Rs.5,00,000/-. The appellant is entitled to claim interest only on the sum of Rs.3,43,000/- at the rate of 8 % awarded by the Tribunal. Respondent No.1 (Insurance Company) is directed to deposit the awarded amount. [Paras 15, 16, 17 and 19] [880A-C, D]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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