NEW INDIAASSURANCE CO. LTD. versus DR. SUKANTA KUMAR BEHERA & ORS.

Citation: [2015] 2 S.C.R. 236 · Decided: 20-02-2015 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Case Partly allowed
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Judgment (excerpt)

A 
B 
[2015] 2 S.C.R. 236 
NEW INDIAASSURANCE CO. LTD. 
v. 
DR. SU KANTA KUMAR BEHERA & ORS. 
(Civil Appeal No. 2078of2015) 
FEBRUARY 20, 2015 
[RANJAN GOGOi AND ARLIN MISHRA, JJ.] 
Motor Vehicles Act, 1988 - Motor accident- resulting in 
60% permanent disability -
Compensation for - Held: 
Considering the nature of disability, expenditure incurred on 
C treatment attendant and special .diet, loss of working capacity, 
loss of earning during course of treatment, physical pain and 
suffering, and by using multiplier of 16, compensation 
amount is determined at Rs. 35 lakhs. 
D 
Partly allowing the appeal, the Court 
HELD: Considering the fact that 60% permanent 
disability has been incurred and considering overall 
injuries caused, there was a loss of working capacity to 
E the said extent. Monthly loss of earning capacity comes 
to Rs.15,000/-.Multiplier of 16 is applicable at the age of 
36 years. Expenditure for surgery of right leg for and for 
insertion of two plates are quantified at Rs.20,000/-. There 
was loss of earning during course of treatment which 
F has been determined by the Claims Tribunal and medical 
expenditure in another Hospital, comes to Rs.66,566/-. 
Compensation for pain and suffering, expenditure on 
attendant and on special diet has also to be awarded. 
The 
compensation after deducting 
medical 
G reimbursement already received, compensation amount 
of Rs.35,00,000/- (Rupees Thirty Five lacs only) is 
awarded along with interest at the rate of 6% P.A. with 
effect from the date of filing of claim petition. [Para 7] 
[239-A-D; 240-A-B] 
H 
236 
NEW INDIAASSURANCE CO. LTD. v. 
237 
DR. SU KANTA KUMAR BEHERA 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. A 
2078 of 2015 
From the Judgment and Order dated 09.05.2014 of the 
High Court of Orissa, Cuttack in M.A. C. A. No. 576 of 2008 
M. K. Dua, Kishore RawatfortheAppellant. 
Robin David, Chitranshul Sinha, Febin Mathew, Dua 
Associates for the Respondents. 
The Judgment of the Court was delivered by 
ARUN MISHRA, J. 1. Leave granted. 
2. 
The appeal has been preferred by the insurer against 
the order dated 9.5.2014, passed by the High Court of Orissa 
B 
c 
at Cuttack in M.A.C.A. No.576 of 2008 awarding 
compensation of Rs.55,00,000/- to the respondent, Dr. D 
Sukanta Kumar Behera for the injuries sustained and 
permanent disability incurred by him in the accident dated 
9.9.2001. The Claims Tribunal had awarded compensation of 
Rs.4,01,414/-. 
3. 
The appellant was working as Senior Medical Officer E 
in Bhilai Steel Plant. He met with an accident and ultimately 
due to permanent disability incurred by him, his services were 
terminated on 29.8.2007. He incurred 60% permanent 
disability owing to various injuries sustained in the accident. 
F 
The question to be considered is whether the High Court is 
justified in awarding compensation of Rs.55,00,000/-without 
any discussion and computation. The approach of the High 
Court cannot be said to be justified in such cases of injury. It is 
necessary to make computation of compensation to be G 
awarded on account of pecuniary and non-pecuniary heads. 
4. 
The claimant suffered fracture in the right foreann, right 
femur neck, fracture of right radius midshaft and fracture of 
right ulnar midshaft in the right hand and grievous fracture of 
tebia in the left leg. His cervical spinal cord was also injured. H 
238 
SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
A 
He also suffered grievous abdomen injury for which he had to 
be operated. Besides, he also suffered injury in the chest. 
5. 
He was admitted in various hospitals as indoor 
patient. Firstly from 9.9.2001 to 24.9.2001, he was treated in 
SCB Medical College and Hospital, Cuttack where his left leg 
8 
was operated, operation of abdomen, traction of right leg was 
done and a slab was put in right hand. Secondly, he was treated 
in Shanti Hospital, Cuttack, from 24.9.2001 to 30.9.2001 where 
he was operated upon for implanting two steel plates in right 
C leg. Thirdly, he was admitted in Kalinga Hospital, Bhubaneswar, 
for treatment from 1.10.2001 to 15.10.2001 for abdominal 
surgery in which considerable part of his stomach and large 
intestine was removed to save his life. Thereafter, he was 
admitted in C.M.C. Hospital, Vellore as indoor patient from 
16.10.2001 to 25.5.2002 for 7-1/2 months and again in the 
D month of February 2004 he was admitted there for a period of 
8 days. At Vellore in CMC Hospital, several surgeries were 
performed,
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