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
- 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.
- 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
- Sections 166, 168 and 169 (just compensation), Motor Vehicles Act, 1988The Tribunal must actively enquire and assess just compensation; the multiplier method governs loss of earning capacity, future medical expenses and attendant charges, and compensation may exceed the amount claimed. (¶¶ 40, 53, 74, 97)
- Article 21, Constitution of IndiaDignity, as part of the right to life, is undermined by serious injury, and courts assessing compensation must keep the victim's changed life in mind rather than award niggardly sums. (¶ 113)
Held
- Notional income can be fixed without documentary evidence once the victim is shown to have been engaged in an occupation; taking the 19-year-old itinerant utensil seller's income at Rs 8,000 a month and the treating doctor's 45% whole-body disability, loss of earning capacity is Rs 7,77,600 (8,000 × 12 × 18 × 45%), and the six months' loss of earning is Rs 48,000. (¶¶ 56, 57, 58, 59, 60, 61, 62)
- Future medical expenses and attendant charges are pecuniary heads to be computed by the multiplier method; on the doctor's evidence that future treatment, physiotherapy and nursing would be needed, Rs 1,000 a month gives Rs 2,16,000, and since the paraplegic appellant cannot stand, walk or sit and needs an attendant throughout the day, attendant charges at Rs 2,000 a month give Rs 4,32,000. (¶¶ 67, 69, 72, 73, 74, 76)
- Medical expenses are allowed at the proved Rs 1,55,000; litigation expenses at Rs 50,000 in view of nearly ten years of litigation; and conveyance and special diet at Rs 50,000. (¶¶ 63, 66, 78, 82, 89, 90)
- Non-pecuniary heads must reflect the claimant's age, the unusual deprivation suffered and its effect on future life, and there is no bar to awarding more than claimed; the appellant is awarded Rs 1,00,000 for pain and suffering, Rs 3,00,000 for loss of marriage prospects and Rs 50,000 for loss of amenities. (¶¶ 93, 96, 97, 98, 103, 111)
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.