SIDRAM versus THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANR.

Citation: [2022] 8 S.C.R. 403 · Decided: 16-11-2022 · Supreme Court of India · Bench: SURYA KANT · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · cites 16 · see the full citation network in Lexace

Judgment (excerpt)

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SIDRAM
v.
THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE
CO. LTD. AND ANR.
(Civil Appeal No. 8510 of 2022)
NOVEMBER 16, 2022
[SURYA KANT AND J. B. PARDIWALA, JJ.]
Motor Vehicles Act, 1988: Compensation – Enhancement of
– Motor Accidents Claim – Claimant, aged 19 years suffered
grievous injuries in a road accident – Claimant suffered from
paraplegia due to the accident which caused permanent disability
to the extent of 45% – Tribunal awarded compensation of Rs.
6,13,000/- along with interest at the rate of 6% p.a. from the date of
filing of the petition till the date of realisation of payment – However,
the High Court enhanced the compensation to Rs. 9,26,800/- – On
appeal, held: Courts should be mindful that a serious injury not
only permanently imposes physical limitations and disabilities but
often inflicts deep mental and emotional scars upon the victim – On
facts,oral evidence of the doctor that the claimant suffered
permanent disability to the tune of 45% – Evidence on record
indicate that the claimant suffered paraplegia due to the accident,
which is a form of paralysis of lower body and it restricts everyday
routine more particularly the physical activity – Paraplegia impairs
physical, mental and psychological health and had devastating
impact on the social and financial well being of the victim – It leads
to 100% loss of earning – Claimant’s business could be said to
have been gravely impacted – In view thereof, the compensation
enhanced from Rs. 9,26,800/- to Rs 21,78,600/-.
Compensation: Just Compensation – Explanation of – Held:
‘Just compensation’ should include all elements that would go to
place the victim in as near a position as she or he was in, before the
occurrence of the accident – No amount of money or other material
compensation can erase the trauma, pain and suffering that a victim
undergoes after a serious accident – Monetary compensation is the
manner known to law, whereby society assures some measure of
restitution to those who survive and the victims who have to face
their lives.
[2022] 8 S.C.R. 403
403
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SUPREME COURT REPORTS
[2022] 8 S.C.R.
Allowing the appeal, the Court
HELD: 1.1 The process of determining the compensation
by the court is essentially a very difficult task and can never be
an exact science. Perfect compensation is hardly possible, more
so in claims of injury and disability. The principle consistently
followed by this Court in assessing motor vehicle compensation
claims, is to place the victim in as near a position as she or he
was in before the accident, with other compensatory directions
for loss of amenities and other payments. [Para 29, 30][420-H;
421-A-C]
1.2 It is now a well settled position of law that even in cases
of permanent disablement incurred as a result of a motor-accident,
the claimant can seek, apart from compensation for future loss of
income, amounts for future prospects as well. There are many
orders of different tribunals and unfortunately affirmed by different
High Courts, taking the view that the claimant is not entitled to
compensation for future prospects in accident cases involving
serious injuries resulting in permanent disablement. That is not
a correct position of law. There is no justification to exclude the
possibility of compensation for future prospects in accident cases
involving serious injuries resulting in permanent disablement.
Such a narrow reading is illogical because it denies altogether
the possibility of the living victim progressing further in life in
accident cases - and admits such possibility of future prospects,
in case of the victim’s death. [Para 31][421-C-E]
1.3 ‘‘Just compensation” should include all elements that
would go to place the victim in as near a position as she or he was
in, before the occurrence of the accident. Whilst no amount of
money or other material compensation can erase the trauma, pain
and suffering that a victim undergoes after a serious accident,
(or replace the loss of a loved one), monetary compensation is
the manner known to law, whereby society assures some measure
of restitution to those who survive, and the victims who have to
face their lives. Making a monetary assessment of the injury
suffered is the only process devised to compensate the victim.
The process of making such an assessment, whether in case of
death or injury, is provided in Section 168 of the Motor Vehicles
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Act which requires that the tribunals constituted under the Act
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