SRI ANTHONY ALIAS ANTHONY SWAMY versus THE MANAGING DIRECTOR, K.S.R.T.C.

Citation: [2020] 5 S.C.R. 860 · Decided: 10-06-2020 · Supreme Court of India · Bench: R.F. NARIMAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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860
SUPREME COURT REPORTS
[2020] 5 S.C.R.
SRI ANTHONY ALIAS ANTHONY SWAMY
v.
THE MANAGING DIRECTOR, K.S.R.T.C.
(Civil Appeal No. 2551 of 2020)
JUNE 10, 2020
[R. F. NARIMAN, NAVIN SINHA AND B. R. GAVAI, JJ. ]
Motor Vehicles Act, 1988 – Compensation – Permanent
physical functional disability – Appellant met with an accident while
travelling in respondent Corporation’s bus, when the bus driver hit
a lorry from behind – Left leg of the appellant had to be amputated
– Tribunal awarded compensation of Rs.4,08,850/- – Enhanced by
High Court to Rs.5,10,350/- – On appeal by the appellant
contending that compensation is grossly inadequate, held: PW3-
doctor had assessed the physical functional disability of the left leg
of the appellant at 75% and total body disability at 37.5% – High
Court assessed the physical disability at 25% of the whole body
only – If the 75% physical disability had rendered the appellant
permanently disabled from pursuing his normal vocation of a painter
or any similar work, it is difficult to comprehend the grant of
compensation to him in ratio to the disability to the whole body –
Compensation recalculated at Rs.11,97,350/- with interest @ 6%.
from the date of petition till the realization.
Allowing the appeal, the Court
HELD: 1.1 PW.3 had assessed the physical functional
disability of the left leg of the appellant at 75% and total body
disability at 37.5%. The High Court considered it proper to assess
the physical disability at 25% of the whole body only. There is no
discussion for this reduction in percentage, much less any
consideration of the nature of permanent functional disability
suffered by the appellant. If the 75% physical disability has
rendered the appellant permanently disabled from pursuing his
normal vocation or any similar work, it is difficult to comprehend
the grant of compensation to him in ratio to the disability to the
whole body. The appellant is held entitled to compensation for
loss of future earning based on his 75% permanent physical
functional disability recalculated with the salary of Rs.5,500/-with
[2020] 5 S.C.R. 860
860
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multiplier of 14 at Rs. 6,93,000/-. The High Court also erred in
granting a sum of Rs.50,000/- only towards future medical
expenses. PW.3 deposed that the appellant would require three
more replacements of the artificial left leg during his lifetime.
The same  is enhanced by Rs.2,50,000/- in addition to that granted
by the High Court. The compensation granted towards loss of
amenities is also enhanced to Rs.50,000/- considering that the
appellant was deprived of social mixing as deposed by PW.3. The
modified award of the High Court is accordingly to be paid along
with interest @ 6 per cent from the date of petition till the
realization. [Paras 12, 14][863-D-H; 866-G; 867-B-C]
Raj Kumar v. Ajay Kumar and Another (2011) 1 SCC
343 : [2010] 13 SCR 179; Nagarajappa v. Divisional
Manager, Oriental Insurance Company Limited, (2011)
13 SCC 323 : [2011] 6 SCR 70 – relied on.
Case Law Reference
[2010] 13 SCR 179
relied on
Para 10
[2011] 6 SCR 70
relied on
Para 11
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2551
of 2020.
From the Judgment and Order dated 19.07.2016 of the High Court
of Karnataka at Bengaluru in MFA No. 843 of 2012 (MV).
Ashwin Kotemath, Mrs. S. Usha Reddy, S. N. Bhat, Advs. for
the appearing parties.
The Judgment of the Court was delivered by
NAVIN SINHA, J.
1. Leave granted.
2. The appellant is in appeal aggrieved by the order of the High
Court, claiming inadequacy of compensation granted to him in a motor
accident case.
3. The appellant was travelling in a bus of the respondent
Corporation and met with an accident on 19.02.2010, due to rash and
negligent driving of the bus driver who hit a lorry from behind. As a
consequence of the injuries suffered, the left leg of the appellant had to
be amputated. The Tribunal awarded a compensation of Rs.4,08,850/-.
SRI ANTHONY ALIAS ANTHONY SWAMY  v.
THE MANAGING DIRECTOR, K.S.R.T.C.
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SUPREME COURT REPORTS
[2020] 5 S.C.R.
The High Court in appeal enhanced the same to Rs.5,10,350/-. The appeal
preferred by the respondent Corporation was dismissed.
4. Shri Ashwin Kotemath, learned counsel for the appellant
submitted that the compensation enhanced by the High Court is niggardly
and grossly inadequate considering the nature of injuries suffered.  The
appellant was a painter by vocation. He had a daily income of Rs.300/-
cumulated at Rs.9,000/- per month,
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