VidhiSangh

Supreme Court of India · 25/02/2022

SRI. BENSON GEORGE versus RELIANCE GENERAL INSURANCE CO. LTD.& ANR.

[2022] 1 S.C.R. 653 · 2022 INSC 235

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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

  1. Whether the awards for pain and suffering and loss of amenities adequately reflected the claimant’s catastrophic injuries.
  2. Whether the High Court’s reduction of interest required interference.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 653.