LexCHANDRAMANI NANDA versus SARAT CHANDRA SWAIN AND ANOTHER
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[2024] 10 S.C.R. 920 : 2024 INSC 777 Chandramani Nanda v. Sarat Chandra Swain and Another (Civil Appeal No. 11100 of 2024) 15 October 2024 [J.K. Maheshwari and Rajesh Bindal,* JJ.] Issue for Consideration Appellant-claimant, if entitled to enhancement of compensation. Headnotes† Motor Accident Claim – Compensation – Assessment – Enhancement of compensation – Appellant-claimant having suffered injuries in an accident became mentally unstable with 100% functional disability – Compensation of ₹20,60,385/- awarded by the Tribunal was modified and enhanced to ₹30,99,873/- by the High Court – Challenge to: Held: An enhanced income should be considered for calculation of compensation – However, the courts below assessed the appellant’s annual income at ₹1,62,420/- by wrongly relying on his Income Tax return from 02 years before the accident – Income of the appellant based on the income tax returns produced on record is progressive, annual income taken at ₹2,00,000/- – Appellant also entitled for enhancement on account of future prospects, given he was 32 years at the time of accident, he is entitled to 40% future prospects – Further, ₹1,00,000/- also awarded each on account of future attendant charges, loss of marriage prospects and pain and suffering as the appellant became mentally unstable having disability of 60% which resulted in 100% functional disability – Order of the High Court modified, appellant entitled to enhanced compensation of ₹52,31,000/- at 6% interest. [Paras 14, 14.1, 14.3, 18, 19, 22] Motor Accident Claim – Compensation – Awarding more compensation than the amount claimed – Permissibility – Plea of the insurance company that the appellant filed petition * Author [2024] 10 S.C.R. 921 Chandramani Nanda v. Sarat Chandra Swain and Another claiming compensation of ₹30,00,000/- and since the same was awarded by the High Court, no further enhancement is possible: Held: Rejected – Amount of compensation claimed is not a bar to award more than what is claimed, provided it is found to be just and reasonable – It is the duty of the Court to assess fair compensation – Rough calculation made by the claimant is not a bar or the upper limit. [Para 20] Case Law Cited Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another [2009] 5 SCR 1098 : (2009) 6 SCC 121 : 2009 INSC 506; National Insurance Company Limited v. Pranay Sethi and Others [2017] 13 SCR 100 : (2017) 16 SCC 680 : 2017 INSC 1068; Meena Devi vs. Nunu Chand Mahto [2022] 18 SCR 449 : (2023) 1 SCC 204 : 2022 INSC 1080 – referred to. List of Acts Motor Vehicles Act, 1988; Penal Code, 1860. List of Keywords Motor Accident; Insurance company; Compensation; Enhancement of compensation; Compensation enhanced; Brain surgery; Brain injury; Mentally unstable; 100% functional disability; Income Tax returns; Future prospects; Future attendant charges; Loss of marriage prospects; Pain and suffering; Rough calculation; Fair compensation; Annual income; Enhanced income. Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11100 of 2024 From the Judgment and Order dated 24.08.2022 of the High Court of Orissa at Cuttack in MACA No. 256 of 2019 Appearances for Parties Chitta Ranjan Mishra, Avinash Kumar Jain, Shakti Kanta Pattanaik, Advs. for the Appellant. Amit Kumar Singh, Ms. K Enatoli Sema, Ms. Chubalemla Chang, Prang Newmai, Advs. for the Respondents. 922 [2024] 10 S.C.R. Digital Supreme Court Reports Judgment / Order of the Supreme Court Judgment Rajesh Bindal, J. 1. Leave granted. 2. The claimant, in a motor vehicle accident having suffered injuries, has filed the present appeal seeking enhancement of compensation. He is aggrieved by the order1 passed by the High Court.2 3. The facts as available on record are that on 16.01.2014 four persons occupying Verito Vibe Car bearing Registration No.OD-05-D-9596 were travelling from Sambalpur, Odisha to Cuttack. At about 01:30 pm, the offending Bus bearing Registration No.OD-14-A-1774 being driven at high speed struck against the said car on NH-55 near CPP Chawk, NALCO, Anugul, Odisha, as a result of which the occupants of the car suffered serious injuries. One of the occupants, Ranjan Rout, succumbed to the injuries on 31.05.2017. A police case bearing P.S. Case No.7/2014 was registered against the driver of the offending bus under Sections 279, 337 and 338 of IPC.3 Three injured occupants of the car and the legal heirs of the deceased
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