Summary
A young accident victim suffered severe brain injuries, underwent multiple operations and remained in a coma and permanently bedridden. The Court held that compensation for pain and suffering and loss of amenities must reflect the individual circumstances rather than a fixed formula. It increased each of those heads to Rs.10 lakh, raising total compensation to Rs.1,41,94,333. It retained 6% interest, required deposit within four weeks and directed protective long-term investments for the claimant’s benefit.
Issues
- Whether the awards for pain and suffering and loss of amenities adequately reflected the claimant’s catastrophic injuries.
- Whether the High Court’s reduction of interest required interference.
Provisions considered
- Article 136, Constitution of IndiaThe Court declined interference with the reduction of interest to 6% in the peculiar circumstances. (¶ 8.2)
Held
- Compensation for pain, shock and suffering depends on factors including prolonged hospitalisation, grievous injuries, operations, discomfort and consequent suffering. There is no fixed formula governing these non-pecuniary heads. (¶ 7-8)
- Loss of amenities and happiness requires attention to the claimant’s post-accident condition and ability to enjoy life. Given the lasting coma and permanent confinement to bed, the existing awards were inadequate; pain and suffering and loss of amenities were each increased to Rs.10 lakh. (¶ 7.1-8.1)
- The total award became Rs.1,41,94,333 with 6% annual interest from the claim petition until realisation. The insurer was directed to deposit the enhanced compensation within four weeks, failing which it would carry 7.5% annual interest. (¶ 8.2-9)
- The Tribunal was directed to ensure investment in long-term interest-bearing deposits in different nationalised banks or the post office, protecting the compensation for the claimant’s use. The appeal was partly allowed without costs. (¶ 9)
Result
Appeal partly allowed. Compensation enhanced to Rs.1,41,94,333 with 6% interest from the claim petition to realisation; enhanced amount to be deposited within four weeks, with 7.5% interest on failure. Protective investment directed; no costs.