LexSUBULAXMI versus M.D., TAMIL NADU STATE TRANSPORT CORPORATION
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A B [2012] 9 S.C.R. 962 SUBULAXMI V. M.D., TAMIL NADU STATE TRANSPORT CORPORATION & ANOTHER (Civil Appeal No. 7750 of 2012) NOVEMBER 01, 2012 (K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] Motor Vehicles Act, 1988 - s. 166 - Motor accident - C Amputation of left leg and right foot of victim - Claim for compensation - Claimant aged 30 years and earning Rs. 18,000 per annum - Tribunal granting Rs. 2,00,0001- as compensation with 9% interest - High Court enhancing the compensation amount to Rs. 2, 75, 0001- - But did not grant D any compensation on the head permanent disability and also denied interest on the enhanced amount - On appeal, held: Denial of compensation on the head permanent disability by the High Court is impermissible - High Court also erred in not granting interest on the enhanced amount - Compensation E amount enhanced to Rs. 6,48,6401- with 9% interest on the enhanced amount. The appellant-claimant filed an application u/s. 166 of Motor Vehicles Act, 1988 making a claim of Rs. 6,50,000/ - as compensation for the injuries sustained by her in a F motor accident. Her case was that the injuries resulted in amputation of her left leg and right foot and that she was earning Rs. 1,500/- per month at the time of accident. The tribunal granted Rs. 2,00,000/- as compensation (Rs. 86,000/- towards permanent disability; Rs. 14,000/- G towards pain and suffering, Rs. 66,000/- for loss of future income, Rs. 10,000 for medical expenses, Rs. 15,000 towards extra nourishment, Rs. 5000 for loss of income during treatment period and Rs. 4000/- for transport charges). H 962 SUBULAXMI v. M.D., TAMIL NADU STATE 963 TRANSPORT CORPORATION Aggrieved by the award, claimant as well as the A respondent-Corporation filed cross-appeals. High Court awarded Rs. 1,50,000 on a singular head relating to permanent disability as well as loss of future earning; added Rs. 75,000 for replacement of artificial limb and future medical expenses. It also granted Rs. 20,000/- for B pain and suffering, Rs. 10,000/- for loss of amenities and Rs. 10,000/- towards attendant charges. This enhanced the compensation amount to Rs. 2,75,000/-. Hence the present appeal is filed by the claimant for further enhancement of compensation amount. c Partly allowing the appeal, the Court HELD: 1. The High Court was not justified in awarding compensation on a singular head relating to permanent disability and loss of future earning. o Compensation can be granted towards permanent disability as well as loss of future earnings, for one head relates to the impairment of person's capacity and the other relates to the sphere of pain and suffering and loss of enjoyment of life by the person himself. [Para 5] [967- E H; 968-A-B] K. Suresh v. New India Assurance Co. Ltd. and Anr. 2012 (10)SCALE 516; Govind Yadav v. New India Insurance CompanyLimited (2011) 10 SCC 683; R.D. Hattangadi v. Pest Control (India) (P) Ltd. (1951) 1 SCC 551; Nizam's F Institute of Medical Sciences v. Prasanth S. Dhananka (2009) 6 SCC 1: 2009 (9) SCR 313; Reshma Kumari v. Madan Mohan (2009) 13 SCC 422: 2009 (11) SCR 305; Arvind Kumar Mishra v. New India Assurance Co. Ltd. (2010) 10 SCC 254: 2010 (11) SCR 857; Raj Kumar v. Ajay Kumar G (2011) 1 sec 343: 201 o (13) SCR 179 - relied on. Ramesh Chandra v. Randhir Singh (1990) 3 SCC 723:1990 (3)SCR 1; B. Kothandapani v. Tamil Nadu State Transport CorporationLtd. (2011) 6 SCC 420: 2011 (6) SCR H 964 SUPREME COURT REPORTS [2012] 9 S.C.R. A 791; Laxman v. DivisionalManager, Oriental Insurance Co. Ltd. and Anr. 2012 ACJ 191 - referred to. 2. In the instant case, the tribunal had awarded a sum of Rs.86,000/- towards the permanent disability. The High 8 Court has deleted it. The said deletion is impermissible. Regard being had to the nature of injury suffered and further taking note of the date of accident, a sum of Rs.1,00,0001- on this head would be appropriate. [Para 9] [971-B] C 3. The claimant was earning Rs.18,000/- per annum. As she has suffered 86% permanent disability, the future earning may be computed at 14% less and accordingly it is estimated that the multiplicand should be Rs.15,480/ - per annum. At the time of accident, she was 30 years of o age, and hence, the multiplier of 18 would be applicable. Thus, the loss of future earning by multiplying the multiplicand of Rs. 15,480/- by multiplier of 18, the amount would come to Rs. 2,78,640/-. [Para 10] [9
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