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Supreme Court of India · 18/11/2022

T. J. PARAMESHWARAPPA@PARAMESHWARAPPA@J. T. PARAMESHWARAPPA@TALALKENA GOWDRA PARAMESHWARAPPA versus THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD. & ORS.

[2022] 10 S.C.R. 136 · 2022 INSC 1180

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Summary

A tanker-lorry cleaner suffered comminuted fractures of both tibias in a 2015 collision near Chitradurga. He needed two operations, including bone grafting. His treating doctor certified 54% disability. The Tribunal awarded Rs 21.08 lakh, more than he had claimed. The Karnataka High Court cut this to Rs 7.37 lakh, taking 20% disability on a monthly income of Rs 9,000. Applying Raj Kumar v. Ajay Kumar, the Supreme Court held that the doctor's percentage is not automatically the loss of earning capacity, which the court must assess from all the evidence. It fixed whole-body disability at 30% on a notional income of Rs 10,000, and increased the awards for pain and suffering, loss of amenities and twelve months' lost income. Compensation was raised to Rs 11,67,405 with 6% interest, Rs 3 lakh of it to be kept in a fixed deposit for five years.

Issues

  1. What loss of earning capacity and compensation is just for a lorry cleaner with comminuted fractures of both tibias whose doctor assessed 54% permanent disability.

Provisions considered

Held

Result

Civil Appeal Nos. 8598-8599 of 2022 partly allowed; the Karnataka High Court judgment dated 16.10.2020 in M.F.A. No. 48 of 2017 and M.F.A. No. 7972 of 2016 modified, and compensation enhanced from Rs 7,37,604 to Rs 11,67,405 with 6% interest from the petition, to be deposited within six weeks, Rs 3,00,000 of it to be kept in a nationalised bank for five years; parties to bear their costs.

Judgment PDF: Supreme Court of India, [2022] 10 S.C.R. 136.