LexK.S. MURALIDHAR versus R. SUBBULAKSHMI & ANR.
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[2024] 11 S.C.R. 835 : 2024 INSC 886 K.S. Muralidhar v. R. Subbulakshmi & Anr. (Civil Appeal No. 12993 of 2024) 22 November 2024 [C.T. Ravikumar and Sanjay Karol,* JJ.] Issue for Consideration Matter pertains to the enhancement of compensation towards pain and suffering for a motor accident victim having suffered 100% disability. Headnotes† Motor Vehicles Act, 1988 – Motor accident – Compensation – Enhancement of – Victim aged below 40 years, met with an accident while traveling in his company vehicle which collided with container lorry driven rashly and negligently – Victim suffered 90% permanent disability – Tribunal taking the functional disability as 100%, awarded compensation of Rs.58,09,930/- with 6% interest per annum and Rs.1,00,000/- as future medical expenses – High Court taking loss of future prospects at @ 40% awarded Rs.78,16,390/- as compensation with 6% interest per annum – Challenge to: Held: Injuries sustained by the claimant are serious, and their effect on his life are long-lasting and even lifelong – Both the tribunal and the High Court rightly took the disability suffered by the claimant to be at 100% – In view of the injuries suffered, the ‘pain and suffering’ caused, and the life-long nature of the disability afflicted upon the claimant, and the statement of the doctor, the case of the claimant is justified – Rs.15,00,000/- awarded under the head ‘pain and suffering’, considering the fact that the prayer of the claimant for enhancement of compensation was by a sum of Rs.10,00,000/- – Compensation is just, fair and reasonable – Award given by the High Court modified only on two counts-future prospects and ‘pain and suffering’ – Compensation to be awarded * Author 836 [2024] 11 S.C.R. Digital Supreme Court Reports stood at Rs.87,29,241/- – Thus, the total amount payable is Rs.1,02,29,241/-. [Paras 11, 12, 15, 16] Words and Phrases – Definition of pain and suffering – Explanation: Held: While each discipline such as bioethics, medical ethics, psycho-oncology, anaesthesiology, philosophy, sociology etc, 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 – Sense of something being irreparably wrong in life; vulnerability and futility, is present and such a feeling will be present for the remainder of his natural life. [Para 13] Motor Accident – Compensation – Just compensation – Concept of: Held: Concept of just compensation rests on the principle of restitutio ad integrum which means restoration to the original condition, as far as possible, taking the person to whom damages are awarded, to a position as if the incident or in this case, the accident, had never occurred – It has certain limitations – Award of compensation, however much it may be, does not give back to the person who affected their life but only alleviates the worry of being able to secure the required amenities. [Para 1] Case Law Cited National Insurance Co. Ltd. v. Pranay Sethi [2017] 13 SCR 100 : (2017) 16 SCC 680; Benson George v. Reliance General Insurance Co. Ltd. & Anr. [2022] 1 SCR 653 : (2022) 13 SCC 142; Parminder Singh v. New India Assurance Co. Ltd. [2019] 8 SCR 986 : (2019) 7 SCC 217; Lalan D. v. Oriental Insurance Co. Ltd. (2020) 9 SCC 805; R.D Hattangadi v. Pest Control (India) (P) Ltd. [1995] 1 SCR 75 : (1995) 1 SCC 551; Sidram v. United India Insurance Company Ltd. [2022] 8 SCR 403 : (2023) 3 SCC 439; Karnataka SRTC v. Mahadeva Shetty [2003] Supp. 2 SCR 14 : (2003) 7 SCC 197; Kajal v. Jagdish Chand [2020] 3 SCR 622 : (2020) 4 SCC 413; Ayush v. Reliance General Insurance [2022] 1 SCR 831 : (2022) 7 SCC 738 – referred to. [2024] 11 S.C.R. 837 K.S. Muralidhar v. R. Subbulakshmi & Anr. Hassam and Anr. v. Rabot and Anr. (2024) UKSC 11; Heil v. Rankin [2001] QB 272; Attorney General of St. Helena v. AB & Ors., Privy Council Appeal No. 0034 of 2018 – referred to. Books and Periodicals Cited P. Ramanatha Iyer’s Advanced Law Lexicon 3rd Edition reprint 2009; Eric Cassell, Lexis Nexis, Butterworths Wadhwa, page 3441; Noe-Steinmüller et.al, (2024) 165 (7) : p1434-1449 – referred to. List of Websites http://www.ericcassell.com/bio.html; https://med.uth.edu/ oep/members-2/eugene-v-boisaubin-md/; https://sps. columbia.edu/faculty/arthur-w-frank-phd; https://www.mun.ca/ medicine/faculty-and-sta
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