LexPARMINDER SINGH versus HONEY GOYAL AND OTHERS
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[2025] 4 S.C.R. 50 : 2025 INSC 361 Parminder Singh v. Honey Goyal and Others (Civil Appeal No. 4299 of 2025) 18 March 2025 [J.K. Maheshwari and Rajesh Bindal,* JJ.] Issue for Consideration Matter pertains to the enhancement of the amount of compensation granted to the appellant, aged 21 years, a veterinary student and State Level player in Volleyball who sufferred quadriplegia-paralysis of all four limbs after being hit by the car and was declared 100% disabled. Headnotes† Motor Vehicles Act, 1988 – Motor accident – Compensation – Enhancement – Appellant, aged 21 years, veterinary student and a State Level player in Volleyball hit by a car resulting in quadriplegia-paralysis of all four limbs, and declared 100% disabled – Claim petition – Tribunal awarded ₹5,16,000/- as compensation – In appeal, the High Court enhanced compensation to ₹15,25,600/- – Challenge to: Held: Income of the appellant has been taken on the lower side, which deserves to be enhanced – Appellant was a good sportsman and had certain technical qualification to his credit, taking his income merely at ₹5,600/- per month was not appropriate, it was less than the minimum wage for unskilled worker – Thus, his income is assessed as ₹7,500/- per month – High Court rightly applied the multiplier of 18 but failed to grant future prospects under the head ‘Loss of Income’ which should be 40% and income after taking into account future prospects would be ₹10,500/- per month (₹7,500x1.4) – Also, judicial notice taken of the fact that physiotherapy would be required – In view thereof, total compensation amounting to Rs. 36,84,000/- awarded, assessed under the heads-loss of income, medical expenses, attendent charges, special diet, pain and sufferring, expenses towards physiotherapy, future medical expenses, and loss of marriage prospects – Impugned order * Author [2025] 4 S.C.R. 51 Parminder Singh v. Honey Goyal and Others modified to that extent – Enhanced amount of compensation be calculated and transferred in the bank account of the appellant by the Insurance Company within the stipulated period. [Paras 9-13] Directions by Supreme Court – Motor accident cases – Mode of payment of compensation: Held: No uniform practice followed regarding deposit of the amount before the tribunal, whether the amount would remain in government treasury or would be transferred in bank to be kept in interest bearing fixed deposits – General practice followed by the insurance companies is to deposit the same before the tribunal – Instead of following that process, mode of payment of compensation to be streamlined by directly transferring the amount in the bank accounts of the claimants with intimation to the tribunal, to save the insurance companies and the claimants from the hassles of the court processes– Tribunal may require claimants to furnish their bank particulars at the initial stage of the pleadings – If there is no bank account, then claimants should be required to open it – Change in bank account particulars to be updated before the tribunal – Bank account to be in the name of the claimant and if minor, through guardian who is a family member – Where tribunal directs for keeping a certain percentage of the amount in the fixed deposit, such direction can always be issued in the award itself to be complied with by the bank – Real object of beneficial legislation, to compensate for the loss of earning member of the family or for the injuries suffered by the claimant, would be achieved, and compensation can be disbursed without delay if process of direct transfer to bank is followed – Directions being issued for bank transfer of the amount of compensation in motor accident cases, can always be followed by courts/tribunals in any matter. [Paras 14, 14.6, 17-20] Case Law Cited Haryana State Industrial Development Corporation v. Pran Sukh and Others (2010) 11 SCC 175; Haryana State Industrial & Infrastructure Development Corporation Ltd. v. Smt. Krishna Rani & Another, R.F.A. No.1492 of 2008 – referred to. List of Acts Motor Vehicles Act, 1988; Code of Criminal Procedure, 1973; Domestic Violence Act, 2005. 52 [2025] 4 S.C.R. Supreme Court Reports List of Keywords Motor accident case; Compensation; Compensation in motor accident case; Loss of income; Loss of marriage prospects; Compensation for pain and suffering; Expenses for physiotherapy; Expenses for attendant; Quadriplegia; Compensation for special diet
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