Research › Browse › Judgment

Supreme Court of India · body

2019 DIGILAW 1824 (SC)

Basudev Das v. Pradyumna Mohanty

2019-08-20

HEMANT GUPTA, L.NAGESWARA RAO

body2019
JUDGMENT : L. Nageswara Rao and Hemant Gupta, JJ. 1. Leave granted. 2. The Motor Accidents Claims Tribunal ('MACT') allowed the claim filed by the Appellant and awarded compensation of Rs. 11,36,000 as his left leg was amputated in a road accident There were two appeals filed before the High Court. The appeal filed by the Respondent No. 2 insurance company was partly allowed and the compensation was reduced to an amount of Rs. 9,36,000. The appeal filed by the Appellant for enhancement of the compensation was dismissed. 3. No reason was given by the High Court for dismissing the appeal filed by the Appellant. Even in the appeal that was filed by the insurance company, the High Court did not assign any reason for reducing the compensation from Rs. 11,36,000 to Rs. 9,36,000. 4. After examining the material on record and after hearing the learned Counsel for the parties, we are of the opinion that compensation awarded by the MACT is just. That apart the Appellant is entitled to 25 percent addition to the compensation that was awarded by the MACT, according to the judgment of this Court in National Insurance Co. Ltd. v. Pranay Sethi 2017 ACJ 2700 (SC), in view of the fact that he was self-employed. 5. The compensation awarded to the Appellant stands enhanced by 25 percent over and above what was granted to him by the MACT. 6. The appeals stand disposed of.