RAMESH versus KARAN SINGH & ANR

Citation: [2022] 18 S.C.R. 110 · Decided: 16-09-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Case Partly allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 18 S.C.R.
RAMESH
v.
KARAN SINGH & ANR.
(Civil Appeal No. 6365 of  2022)
SEPTEMBER 16, 2022
[M.R. SHAH AND KRISHNA MURARI, JJ.]
Motor Vehicles Act 1988: s.166 – Permanent Disability –
Appellant-claimant, was a Navy merchant and earning USD 1000
– He sustained multiple injuries in a vehicular accident, due to
which there was an amputation of the right upper limb below elbow
and he had to undergo five operations during his prolonged
hospitalization — Claim for compensation of Rs. 1,02,00,000/- under
different heads made before MACT – The Tribunal awarded a total
sum of Rs. 6,68,000/- only – Appeal for enhancement of
compensation – High Court enhanced compensation to Rs.
14,82,000 observing that though claimant’s right hand below elbow
was amputated resulting in 70 % disability qua right arm, he could
still earn something and that the Merchant Navy is usually a job for
six months in a year – Hence instant appeal – Held: High Court
observed that the claimant can still earn something – However, the
claimant will not be able to do any work in Merchant Navy – High
Court also observed that in Merchant Navy, usually the job is for
six months in a year – The said observation is absolutely without
any basis – No evidence was led on behalf of the respondents on
that – It cannot be said that the claimant would do nothing for rest
of six months – High Court has also not considered the future rise
in income – Under the circumstances and in the facts and
circumstances of the case, the High Court ought to have awarded
the future economic loss considering the loss of income at least at
Rs. 30,000/- per month – High Court has awarded Rs. 25,000/-
only towards pain, shock, and suffering – However, the right hand
below elbow of the claimant was amputated – During prolonged
hospitalization, he was operated five times – Considering the five
operations, prolonged hospitalization, and suffering, the amount
of Rs. 25,000/- awarded by the High Court under the head of pain,
shock, and suffering can be said to be on a lower side – In the facts
   [2022] 18 S.C.R. 110
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and circumstances of the case, Rs. 4,00,000/- granted towards pain,
shock, and suffering.
Partly allowing the appeal, the Court
HELD: 1. By the impugned judgment and order, the High
Court while awarding the future economic loss has considered
the loss of income at Rs. 18,000/- per month. However, the
appellant was serving as Merchant Navy and his salary at the
relevant time was USD 1000. His right hand below elbow was
amputated resulting in 70% disability qua right arm. The High
Court has observed that the claimant can still earn something.
However, the claimant will not be able to do any work in Merchant
Navy. The High Court also observed that in Merchant Navy,
usually the job is for six months in a year. The said observation is
absolutely without any basis. No evidence is led on behalf of the
respondents on the aforesaid. It cannot be said that the claimant
would do nothing for rest of six months. The High Court has also
not considered the future rise in income. Under the circumstances
and in the facts and circumstances of the case, the High Court
ought to have awarded the future economic loss considering the
loss of income at least at Rs. 30,000/- per month. Therefore, the
total loss comes to Rs. 57,60,000/- (30000x12x16). [Para 5]
[113-D-F]
2. The High Court has awarded Rs. 25,000/- only towards
pain, shock, and suffering. However, it is required to be noted
that the right hand below elbow of the claimant was amputated.
During prolonged hospitalization, he was operated five times.
Looking to the serious injuries, the claimant was required to be
shifted to Medical College and Hospital at Rohtak and thereafter
to Jaipur Golden Hospital, New Delhi, where he was remained
admitted from 03.01.1997 to 21.01.1997. Therefore, considering
the five operations, prolonged hospitalization, and suffering, we
are of the opinion that the amount of Rs. 25,000/- awarded by the
High Court under the head of pain, shock, and suffering can be
said to be on a lower side. In the facts and circumstances of the
case, narrated hereinabove, the claimant shall be entitled to at
least Rs. 4,00,000/- towards pain, shock, and suffering. The
impugned judgment and order passed by the High Court is to be
modified accordingly. [Para 5.1][113-G-H; 114-A-B]
RAMESH v. KARAN SINGH & ANR.
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SUPREME COURT REPORTS
[2022] 18 S.C.R.
CI
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