MOHAN SONI versus RAM AVTAR TOMAR AND ORS.

Citation: [2012] 2 S.C.R. 921 · Decided: 10-01-2012 · Supreme Court of India · Bench: AFTAB ALAM · Disposal: Appeal(s) allowed

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2012] 2 S.C.R. 921 
MOHAN SONI 
v. 
RAM AVTAR TOMAR AND QRS. 
(Civil Appeal No. 237 of 2012) 
JANUARY 10, 2012 
[AFTAB ALAM AND R.M. LODHA, JJ.) 
'· 
Motor Vehicles Act, 1988 - s: 166 - Compensation claim 
A 
B 
- On basis of physical disability suffered in an accident and 
loss of earning capacity as a result thereof- Appellant, .a cart C 
puller, suffered physical disability in an accident - One of his 
legs was amputated - Compensation awarded by Tribunal -
On appeal, compensation amount enh'anced by High Court 
- Whether the amount of compensation aw_arded was justified 
- Held: On facts, both the Tribunal and the High Court were · D 
in e"nr in pegging dowri the disability of appellant to 50% with 
reference to Schedule 1 of the Wor.kmen's Compensation Ai;t, 
1923 - In the context of loss of future earning, any pliysfCal 
disability resulting from an accident has to be judged w/th 
reference to the nature of work being per(ormed by tf]e person : E 
suffering the disability - At the time of the accident, the age 
of appellant was 55 years - At that age it would be impqssible 
for him to find any job - The party advocating for a lower 
amount of compensation must plead and show that the victim 
enjoyed some legal protection (as in the case of persons 
F 
covered by The Persons with Disabilities (Equal 
Opportunities, Protection of Rights and Full Participation) Act, 
1995) or in case of the vast multitude who earn their livelihood 
in the UfJorganized sector by leading cogent evidence that the 
victim had in fact changed his vocation or the means of his G 
livelihood and by virtue of such change he was deriving a 
. certain income - Loss of earning capacity of the appellant 
may be as high as 100% but in no case it would be less than 
90% - Compensation for Joss of appellant's future earnings 
computed on that basis. 
921 
H 
922 
SUPREME COURT REPORTS 
[2012] 2 S.C.R. 
A 
The appellant used to earn his livelihood as a cart 
Jiuller. While carrying som·e goods on a four-wheel cart,· 
he was hit by a tanker. In the accident, the left leg of the 
appellant was crushed. He was admitted to a hospital 
where 'he had to undergo two surgeries and in the end 
B his left leg was amputated below the knee. He filed 
application before the Motor Accident Claims Tribunal, 
clahning compensation for the injuries s·uffered by him 
under section 166 of the Motor Vehicles Act, 1988. 
Though the disabled-person identity card given to the 
c ·. appellant s.howed his disability as 60%, the Tribunal, with 
\reference to Schedule 1 of the Workmen's Compensation 
Act, 1923, held that the appellant's disability could not be 
·,reckoned above 50%. ·Having ·held that that the 
appellant's age at the time of the accident was 55 years, 
0 'the Tribunal applied the multiplier of 11 and on the basis 
of the findings that thll appellant's monthly income was 
Rs.2,400/- and the extent of his disability was 50%, fixed 
the amount of Rs.1,58,400/- as compensation for loss of 
future earnings-: In addition to this, the Tribunal gave to 
E . the appellant Rs.30,0001- for mental and physical 1lgony 
due ·to permanent disability and a further sum of 
Rs.15,0001- for medical expenses and special diet. 
·Accordingly, the Tribunal, by its award held the appellant 
entitled to receive a total sum of Rs.2,03,400/· as 
compensation along with interest at the rate of 9% per 
F 
annum from the date of filing of the claim petition till the 
date of payment. Against the award of the Tribunal, the 
appellant preferred an appeal before the High Court. The 
High Court raised the amount of the monthly income of 
the appellant from Rs.2,400/- to Rs.3,000/· and, thereby, · 
G arrived at a sum of Rs.1,98,000/- as compensation for the 
loss of future earnings. The total compensation amount 
was, thus, raised from Rs.2,0J,400/· to Rs.2,58,000/· • 
In the instant appeal, the appellant made grievance 
H 
MOHAN SONI v. RAM AVTAR TOMAR AND ORS. 
923 
that the amount of compensation awarded to him by the A 
·· Tribunal and the High Court was low. 
Allowing the appeal the Court 
HELD:1.1. Both the Tribunal and the High Court were 
in error in pegging down the disability of the appellant to 
9, 
50% with reference to Schedule 1 of the Workmen's 
Compensation Act, 1923. In the context of loss of future 
earning, any physical disability resulting from an 
accident has to be judged with reference to the nature of 
work being performed by the person suffering the C 
disability. T

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