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Civil · Reportable judgment

Chandramani Nanda vs Sarat Chandra Swain and Another

Court
Supreme Court of India
Date
15 October 2024
Case No.
Civil Appeal No. 11100 of 2024
Result
Allowed
Bench
J.K. Maheshwari, Rajesh Bindal
Citation
[2024] 10 S.C.R. 920 : 2024 INSC 777
Acts & Sections
Motor Vehicles Act, 1988 IPC
Supreme Court Reports [2024] 10 S.C.R. 920 : 2024 INSC 777
Issue for consideration
Appellant-claimant, if entitled to enhancement of compensation.
Headnote

Motor Accident Claim – Compensation – Assessment – Enhancement of compensation – Appellant-claimant having suffered injuries in an accident became mentally unstable with 100% functional disability – Compensation of ₹20,60,385/awarded by the Tribunal was modified and enhanced to ₹30,99,873/- by the High Court – Challenge to: Held: An enhanced income should be considered for calculation of compensation – However, the courts below assessed the appellant’s annual income at ₹1,62,420/- by wrongly relying on his Income Tax return from 02 years before the accident – Income of the appellant based on the income tax returns produced on record is progressive, annual income taken at ₹2,00,000/- – Appellant also entitled for enhancement on account of future prospects, given he was 32 years at the time of accident, he is entitled to 40% future prospects – Further, ₹1,00,000/- also awarded each on account of future attendant charges, loss of marriage prospects and pain and suffering as the appellant became mentally unstable having disability of 60% which resulted in 100% functional disability – Order of the High Court modified, appellant entitled to enhanced compensation of ₹52,31,000/- at 6% interest. [Paras 14, 14.1, 14.3, 18, 19, 22] Motor Accident Claim – Compensation – Awarding more compensation than the amount claimed – Permissibility – Plea of the insurance company that the appellant filed petition claiming compensation of ₹30,00,000/- and since the same was awarded by the High Court, no further enhancement is possible:

Held: Rejected – Amount of compensation claimed is not a bar to award more than what is claimed, provided it is found to be just and reasonable – It is the duty of the Court to assess fair compensation – Rough calculation made by the claimant is not a bar or the upper limit. [Para 20]

Keywords: Motor Accident · Insurance company · Compensation · Enhancement of compensation · Compensation enhanced · Brain surgery · Brain injury · Mentally unstable · 100% functional disability · Income Tax returns · Future prospects · Future attendant charges · Loss of marriage prospects · Pain and suffering · Rough calculation · Fair compensation · Annual income · Enhanced income

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Rajesh Bindal, J. 1. Leave granted. 2. The claimant, in a motor vehicle accident having suffered injuries, has filed the present appeal seeking enhancement of compensation. He is aggrieved by the order1 passed by the High Court.2 3. The facts as available on record are that on 16.01.2014 four persons occupying Verito Vibe Car bearing Registration No.OD-05-D-9596 were travelling from Sambalpur, Odisha to Cuttack. At about 01:30 pm, the offending Bus bearing Registration No.OD-14-A-1774 being driven at high speed struck against the said car on NH-55 near CPP Chawk, NALCO, Anugul, Od
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