LexKUM. MICHAEL versus REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD.
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A 8 [2013] 1 S.C.R. 966 KUM. MICHAEL v. REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD. & ANR. (Civil Appeal No. 1100 of 2013) FEBRUARY 11, 2013 [G.S. SINGHVI AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] C Motor Vehicles Act, 1988: Motor accident - Compensation for permanent disability, loss of amenities etc. - Held: Appellant at the age of eight years suffered a dreadful accident resulting into a severe 0 injury in his right leg which has virtually created a deformity in the said leg and he has to suffer with the disability for the rest of his life - Age of the appellant is, therefore, a very relevant factor while determining the compensation - Accordingly, compensation of Rs. 1 lakh as enhanced by High Court is further enhanced to Rs. 4 lakhs with 6% interest E on the enhanced amount from date of petition till realization - Delayllaches. The appellant, a male child of 8 years, was hit by a motor cycle, as a result of which his right leg got F fractured and even after treatment, he suffered terminal restrictions of joint movements of right knee and total restriction of dorsiflexion of right ankle joint. Further the right lower limb got shortened by 1 cm as compared to opposite limb. The disability was assessed at 16% to the G whole body. The Tribunal allowed a total compensation of Rs. 77,000/- (as against the claim of Rs. 4 lakhs), which was enhanced by the High Court to Rs. 1 lakh. The claimant filed the appeal for further enhancement of the compensation. H 966 KUM. MICHAEL v. ,REGIONAL MANAGER ORIENTAL INSURANCE 967 CO. LTD. Allowing the appeal, the Court A HELD: 1.1. There was delay of 323 days in filing the appeal. The respondents have not contested the appeal. This Court is satisfied with the reasons adduced in support of the petition for condonation of delay. The 8 delay stands condoned. [para 2] [969-C-D] 1.2. The appellant, at the age of 8 years, suffered a dreadful accident resulting into a severe injury in his right leg which has virtually created a deformity in the said leg and he has to suffer with the disability for the rest of his C life. The age of the appellant was, therefore, a very relevant factor while determining the compensation payable. The sufferance of such physical disaster, cannot be measured in terms of money precisely, yet having regard to th~ present day living conditions and the extent to which the D aspirations of the appellant came to be demolished by suffering a permanent disability for no fault of his, it becomes the responsibility of the respondent to adequately compensate whatever sufferings undergone by the appellant at that time and immediately after the E accident as well as the mental agony that is being suffered by the appellant life long. [para 1 O] [972-G-H, 973-A-C] R.D. Hattangadi v. Mis. Pest Control (India) Pvt. Ltd. and Others - AIR 1955 SC 755; Ashwani Kumar Mishra v. P. Muniam Babu and Others 1999 (2) SCR 518 = (1999) 4 SCC 22; The Divisional Controller, K.S.R. T.C. V. Mahadeva Sheffy and Another 2003 (2) Suppl. SCR 14 =AIR 2003 SC 4172; B. T. Krishnappa v. 0. M. United Insurance Co. Ltd. & Anr. 2010 (5) SCR 657 =AIR 2010 SC 2630 - relied on 1.3. Keeping in view the various disadvantages suffered by the appellant as a result of the accident, he F G is entitled to still higher amount than what has been granted by the Tribunal as well as the High Court on account of pain and sufferings as well as loss of H 968 SUPREME COURT REPORTS [2013] 1 S.C.R. A amenities, and permanent disability. Though it will be impossible to make a precise assessment of the pain and suffering of the appellant considering the age at which the appellant met with the accident and the consequent disability and also taking note of the deprivement of better B prospects in the life of the appellant due to the physical disability suffered, the compensation is determined in a sum of Rs.4 lacs as claimed by the appellant under the heads enumerated in the judgment. Interest shall be payable on enhanced compensation @ 6% per annum C from the date of petition till the date of realization. Since the appellant is now 19 years old, this Court declares him as major. The Tribunal shall release the compensation amount to him as and when it is deposited by the first respondent. [para 15-16) [975-G-H; 976-A-B, E-F] D E F G H Case Law Reference: AIR 1955 SC 755 1999 (2) SCR 518 relied on relied on 2003 (2) Suppl.
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