Summary
The Supreme Court increased an injured lorry cleaner’s compensation from Rs 3,43,000 to Rs 8,43,000 by adding a lump sum of Rs 5,00,000. His young age, multiple operations, permanent disability, restricted movement, loss of employment and treatment expenditure justified enhancement. The additional amount carries no interest; the original award retains 8% interest. The insurer was directed to deposit the amount within three months.
Issues
- Whether the claimant’s injuries and resulting disability justified further compensation, and on what interest terms.
Held
- Enhancement was justified by the claimant’s age of 25, fractures and urethral and abdominal injuries requiring four operations, continuing partial permanent disability and restricted movement, loss of his job and substantial treatment expenditure. The High Court erred in refusing further compensation. (¶ 11–14)
- An additional Rs 5,00,000 was awarded in a lump sum, increasing total compensation to Rs 8,43,000, payable by the respondents jointly and severally. No interest was awarded on the enhanced amount; 8% interest remained payable only on the original Rs 3,43,000. (¶ 15–17)
- The award was modified accordingly. The insurer was required to deposit the amount with the Tribunal within three months so the claimant could withdraw it after verification. (¶ 18–19)
Result
Appeal allowed; compensation increased to Rs 8,43,000. Original Rs 3,43,000 retains 8% interest; additional Rs 5,00,000 bears none. Insurer to deposit within three months.