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2021 DIGILAW 992 (SC)

Beant Singh v. Zorawar Singh

2021-11-08

A.S.BOPANNA, D.Y.CHANDRACHUD

body2021
ORDER : 1. Leave granted. 2. The appeal arises from a judgment of a Single Judge of the High Court of Punjab and Haryana. The High Court disposed of FAO No 4473 of 2015 (O&M) instituted by the appellant who was the claimant before the Motor Accident Claims Tribunal, Ropar and FAO No 1355 of 2015 (O&M) instituted by the United India Insurance Company Limited. The appeal against the decision of the High Court is by the claimant who seeks an enhancement of compensation. 3. The claim by the appellant arose out of the injuries which he sustained in a motor vehicle accident which took place on 24 October 2012. The appellant suffered a serious spinal injury leaving him completely paralyzed and disabled. The Tribunal awarded compensation against respondent Nos 1 to 3 in the amount of Rs 20,13,574/- which was computed as follows: 1. Medical expenses Rs.6,15,574.34 2. Loss of future income on account of disability of 100% Rs. 10,08,000/-(Rs.6000 x 12 x 14) 3. Pain and sufferings Rs. 70,000/- 4. Special diet Rs.20,000/- 5. Attendant charges Rs.1.5 lakh 6. Loss of amenities, expectation of life future medical charges and transportation expenses Rs.1.5 lakh 4. The High Court has enhanced the award of compensation by an additional amount of Rs 4,65,640/-. Interest has been awarded at 7.5% from the date of the claim petition until realization. 5. Ms Radhika Gautam, learned counsel appearing on behalf of the appellant submitted that the award of compensation needs to be suitably enhanced on two counts. Firstly, it has been submitted that the High Court assessed the requirement of a medical attendant considering the fact that the appellant is one hundred per cent disabled, but, at the same time, confined the monthly expenses to Rs 2,000/- which is on the lower side. Learned counsel submitted that considering the fact that the appellant is completely disabled and is bed ridden, he would in fact require the services of two attendants on a round the clock basis. The second ground on which enhancement of compensation is claimed is that the High Court has not made any provision for future medical expenses. 6. Learned counsel submitted that considering the fact that the appellant is completely disabled and is bed ridden, he would in fact require the services of two attendants on a round the clock basis. The second ground on which enhancement of compensation is claimed is that the High Court has not made any provision for future medical expenses. 6. On the other hand, Mr Maibam Nabaghanashyam Singh, learned counsel appearing on behalf of the insurer submitted that: (i) The enhancement made by the the High Court is sufficient to meet the ends of justice having regard to the fact that there is an absence of evidence on the exact nature of the medical condition and requirements of the appellant; (ii) The High Court has duly taken note of the loss of future prospects in enhancing the compensation; and (iii) An amount of Rs 5.38 lakhs was awarded towards medical expenses. 7. The appellant has suffered a complete and total disability as a result of the accident. This has been noticed in the award of the Tribunal. The Tribunal has on the basis of the evidence rendered a finding that the appellant had received injuries on his spinal cord and other parts of the body as a result of which he has been paralyzed. PW 2, who deposed during the course of the proceedings, stated that he was rendering service as an attendant to the appellant. The nature of the disability was also affirmed in the evidence of PW 4, Dr Navtej Pal Singh, who has assessed the disability to be permanent and to the extent of one hundred per cent. 8. In this backdrop, we are of the view that the award of compensation towards attendant charges by the High Court was on the lower side and needs to be enhanced. The High Court has computed the monthly expenses at Rs 2,000 for a period of fourteen years. In the facts and circumstances, we are of the considered view that the attendant charges admissible should be enhanced to Rs 8,000 per month. Taking a multiplier of 14 as applied by the High Court, a total amount of Rs 13,44,000 becomes payable. Since the High Court has awarded an amount of Rs 3,36,000, a cumulative amount of Rs 10 lakhs in addition should be awarded under this head. 9. Taking a multiplier of 14 as applied by the High Court, a total amount of Rs 13,44,000 becomes payable. Since the High Court has awarded an amount of Rs 3,36,000, a cumulative amount of Rs 10 lakhs in addition should be awarded under this head. 9. As regards the future medical expenses, we are of the view that a consolidated amount of Rs 5 lakhs should be awarded to the appellant having regard to the nature of the condition and disability of the appellant. Consequently and for the above reasons, we enhance the compensation which has been awarded by the High Court by a further sum of Rs 15 lakhs on which interest shall be payable at 7.5% per annum from the date of the claim petition until payment. The payment shall be credited in the electronic mode into the bank account of the appellant within eight weeks from the date of this judgment. 10. The appeal is accordingly allowed in the above terms. 11. Pending applications, if any, stand disposed of.