VidhiSangh

Supreme Court of India · 16/11/2022

SIDRAM versus THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANR.

[2022] 8 S.C.R. 403 · 2022 INSC 1204

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Summary

A 19-year-old utensil seller was left paraplegic by a road accident, and his treating doctor assessed 45% whole-body disability. The Karnataka High Court allowed Rs 9,26,800. The Supreme Court enhanced the award head by head. It took notional income at Rs 8,000 a month, since no documentary proof of income is needed, and applied the full 45% disability. It also granted future medical expenses on the doctor's evidence and, for the first time, attendant charges, both by the multiplier method. Litigation costs, conveyance, pain and suffering, marriage prospects and loss of amenities were all increased. The Court stressed that niggardly awards affront the dignity of the injured.

Issues

  1. Whether the compensation awarded to a young paraplegic claimant under the Motor Vehicles Act was just, and how notional income, permanent disability, future medical expenses and attendant charges are to be assessed.
  2. Whether non-pecuniary heads such as pain and suffering, marriage prospects and loss of amenities called for enhancement, including beyond the amount claimed.

Provisions considered

Held

Result

Civil Appeal No. 8510 of 2022 allowed to the extent indicated; the insurer to deposit the difference over the Rs 9,26,800 awarded by the Karnataka High Court within eight weeks after adjusting amounts already deposited, with interest at 6% per annum; no costs.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 403.