Motor Vehicles Act, 1988 – Compensation – Permanent physical functional disability – Appellant met with an accident while travelling in respondent Corporation’s bus, when the bus driver hit a lorry from behind – Left leg of the appellant had to be amputated – Tribunal awarded compensation of Rs.4,08,850/- – Enhanced by High Court to Rs.5,10,350/- – On appeal by the appellant contending that compensation is grossly inadequate, held: PW3doctor had assessed the physical functional disability of the left leg of the appellant at 75% and total body disability at 37.5% – High Court assessed the physical disability at 25% of the whole body only – If the 75% physical disability had rendered the appellant permanently disabled from pursuing his normal vocation of a painter or any similar work, it is difficult to comprehend the grant of compensation to him in ratio to the disability to the whole body – Compensation recalculated at Rs.11,97,350/- with interest @ 6%. from the date of petition till the realization. Allowing the appeal, the Court
HELD: 1.1 PW.3 had assessed the physical functional disability of the left leg of the appellant at 75% and total body disability at 37.5%. The High Court considered it proper to assess the physical disability at 25% of the whole body only. There is no discussion for this reduction in percentage, much less any consideration of the nature of permanent functional disability suffered by the appellant. If the 75% physical disability has rendered the appellant permanently disabled from pursuing his normal vocation or any similar work, it is difficult to comprehend the grant of compensation to him in ratio to the disability to the whole body. The appellant is held entitled to compensation for loss of future earning based on his 75% permanent physical functional disability recalculated with the salary of Rs.5,500/-with multiplier of 14 at Rs. 6,93,000/-. The High Court also erred in granting a sum of Rs.50,000/- only towards future medical expenses. PW.3 deposed that the appellant would require three more replacements of the artificial left leg during his lifetime. The same is enhanced by Rs.2,50,000/- in addition to that granted by the High Court. The compensation granted towards loss of amenities is also enhanced to Rs.50,000/- considering that the appellant was deprived of social mixing as deposed by PW.3. The modified award of the High Court is accordingly to be paid along with interest @ 6 per cent from the date of petition till the realization. [Paras 12, 14][863-D-H; 866-G; 867-B-C]
Raj Kumar v. Ajay Kumar and Another (2011) 1 SCC
343 : [2010] 13 SCR 179; Nagarajappa v. Divisional Manager, Oriental Insurance Company Limited, (2011)
13 SCC 323 : [2011] 6 SCR 70 – relied on.
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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