Sense Of Something Being Irreparably Wrong Will Be Present For Remainder Of His Life: SC Enhances Compensation Towards ‘Pain & Suffering’ For Motor Accident Victim With 100% Disability
|The Supreme Court has awarded a sum of Rs 15 lakh under the head ‘pain and suffering’ in a case of motor accident where the victim suffered 100% disability and held that the sense of something being irreparably wrong in life will be present for the remainder of his natural life.
The appeal before the Apex Court arose from the final judgment of the Karnataka High Court pertaining to a motor accident case. The Miscellaneous First Appeal before the High Court was filed against the Award passed by the Tribunal.
The Division Bench comprising Justice C.T. Ravikumar & Justice Sanjay Karol referred to the words of Calgary University Professor Arthur W. Frank and Andrew Edgar, who is currently a Reader Emeritus in Philosophy at Cardiff University and said, “...while each discipline has its own conception of the meaning of pain/suffering, within its confines, the commonality that emerges is that a person's understanding of oneself is shaken or compromised at its very root at the hands of consistent suffering. In the present facts, it is unquestionable that the sense of something being irreparably wrong in life, as spoken by Frank (supra); vulnerability and futility, as spoken by Edgar, is present and such a feeling will be present for the remainder of his natural life.”
Advocate Rohan Thawani represented the Appellant while AOR T. Mahipal represented the Respondents.
The incident is of the year 2008 when the appellant was traveling in his Company vehicle towards his place of employment. On the way, the vehicle collided with a container lorry which was allegedly being driven rashly and negligently. The injuries sustained were to the extent of 90% permanent disability (as per the case put forward by the claimant-appellant before the Tribunal).
It was contended before the Tribunal that the claimant-appellant was employed as a workman in L.M. Glassfibre (India) Pvt. Ltd., earning a gross salary of Rs.28,221/- per month. Apart from being so employed, he was also an agent with the Life Insurance Corporation of India earning an annual commission between Rs.30,000/- to Rs.40,000/- per annum. The Tribunal concluded that the lorry was indeed being driven rashly and negligently and ordered Respodent-New India Assurance Company Limited to pay a sum of Rs.58,09,930 with 6% interest per annum (excluding future medical expenses of Rs.1,00,000). When the matter reached the High Court, the amount of compensation arrived at was a total of Rs 78,16,390 as opposed to Rs.58,09,930 awarded by the Tribunal.
The appellant contended that the High Court erred in taking future prospects at @ 40% instead of 50% in accordance with National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 and under the head ‘pain and suffering’, the compensation awarded by the High Court was insufficient given the 100% functional disability. It was also submitted that the claimant-appellant's employment was permanent in nature, and as such, the loss of future income ought to be calculated at 50%.
The Apex Court affirmed the view of both the Tribunal and the High Court in taking the disability suffered by the claimant-appellant to be at 100%. Keeping in view the injuries suffered, the ‘pain and suffering’ caused, and the life-long nature of the disability afflicted upon the claimant-appellant, and the statement of the Doctor, the Bench found the request of the claimant-appellant to be justified.
The Bench awarded a sum of Rs.15,00,000 under the head ‘pain and suffering’ considering the fact that the prayer of the claimant–appellant for enhancement of compensation was by a sum of Rs. 10,00,000.
The Bench allowed the appeal and further held, “It stands clarified that we have modified the Award, as given by the High Court, only on two counts, i.e., future prospects and ‘pain and suffering’. The amount as enhanced, shall carry interest @ 6%, from the date of filing of the petition for special leave to appeal. According to paragraph 10, the compensation to be awarded stood at Rs.87,29,241/-. Consequent to the above discussion on ‘pain and suffering’, the total amount now payable is Rs.1,02,29,241/-.”
Cause Title: K.S. Muralidhar v. R. Subbulakshmi & Anr. [Neutral Citation- 2024 INSC 886]
Appearance:
Appellant: Advocate Rohan Thawani, AOR Pooja Dhar
Respondents: AOR T. Mahipal, Advocates Rohit Kumar Sinha & Sanjay Kumar Singh