THE NEW INDIA ASSURANCE CO. LTD. versus GAJENDER YADAV AND ORS.

Citation: [2017] 6 S.C.R. 543 · Decided: 13-07-2017 · Supreme Court of India · Bench: KURIAN JOSEPH · Disposal: Disposed off
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Judgment (excerpt)

[2017] 6 S.C.R. 543 
THE NEW INDIA ASSURANCE CO. LTD. 
v. 
GAJENDER YADAV AND ORS. 
(Civil Appeal No. 9006 of 2017) 
JULY 13, 2017 
[KURIAN JOSEPH AND R. BANUMATHI, JJ.) 
A 
B 
Motor accident - Quantum of compensation - On facts, 
claimant aged 3 7 years, working as Security Officer met with an c 
accident - Amputation of left leg below knee causing 85% permanent 
disability - Tribunal awarded compensation of Rs. 6,87,000/- with 
interest @ 9% pa from the date of the claim petition - However, 
High Court enhanced the compensation amount to Rs. 27,14,8351-
- On appeal, held: Claimant suffered serious injury which caused 
functional disability since his future promotions have been sealed -
D 
Total disability factor is taken as 40%, and age being 37 years, the 
multiplier I 5 is applied - Compensation towards future earnings 
comes to Rs. I 5, I 2, 0001- - High Court, in the pecuniary part, 
awarded Rs.8 Lakhs on account of physical disability and for future 
loss of earnings Rs. I 3 Lakhs, which is a duplication - Compensation 
E 
is only for the loss on account of disability - Total amount of Rs. 2 I 
Lakhs to be substituted by Rs.15,12,000/- and the rest of the High 
Court order is maintained - Furthermore, Rs.2,00,000/- is awarded 
towai·ds the claim for change of artificial limb at least once in two 
years - Thus, claimant entitled to a total compensation of 
Rs. 23,26,8351- along with interest@ 8%from the date of the claim 
F 
petition. 
Raj Kumar v. Ajay Kumar & Anr. (2011) 1 SCC 343 : 
(2010) 13 SCR 179; Sandeep Khanuja v. Atul Dande 
& Anr. (2017) 2 SCALE 314 - referred to. 
Sar/a Verma (Smt.) & Ors. v. Delhi Transport 
Corporation & Anr. (2009) 6 SCC 121 : [2009] 5 SCR 
1098 - relied on. 
543 
G 
H 
544 
A 
B 
SUPREME COURT REPORTS 
Case Law Reference 
[2010) 13 SCR 179 
referred to 
(2017) 2 SCALE 314 referred to 
[2009) 5 SCR 1098 
relied on. 
[2017) 6 S.C.R. 
Paras 
Paras 
Para 7 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9006 
of 2017. 
From the Judgment and Order dated 16.12.2014 of the High 
C 
Court of Punjab and Haryana at Chandigarh in FAO No. 4219 of2005 
(O&M) 
D 
E 
WITH 
C. A. No.9007 of 2017. 
Sanjay Kumar Dubey, Ms. Shuchi Singh, Krishan Kant Dubey, 
Devendra Kumar Shukla, Chandan Kumar Pandey, Advs. for the 
Appellant. 
Gagan Gupta, Ananta Prasad Mishra, Advs. for the Respondents. 
/ 
~ _ 
... _ 
The Judgment of the Court was delivered by 
KURIAN, J. 1. Leave granted. 
F 
2. The learned counsel for the insurance company as well as 
the claimant are before this Court, aggrieved by the order passed by the 
High Court of Punjab and Haryana in FAO No. 4219 of2005. 
3. The claimant met with an accident on 28.01.2004. His left 
leg below the knee was amputated. He was working as a Security 
G. Officer in Bennett & Coleman. He was aged 37 years at the time of the 
incident. The Tribunal awarded an amount of Rs. 6,87,000/- with interest 
at the rate of 9% per annum from the date of the claim petitkm. The 
High Court modified the compensation as follows :-
H 
THE NEW INDIA ASSURANCE CO. LTD. v. GAJENDER 
545 
YADAV AND ORS. [KURIAN, J.] 
(A) Pecuniary Compensation 
A 
(i) Compaisation assessed on acoount of Rs. 1, 14,835/-
medical expenses and hospitalisation 
ii) 
Compensation assessed on account of Rs. 50,000/-
services of attendant, speial diet and conveyance 
B 
(iii) Compensation assessed on account of Rs. 1,00,000/-
expaise~ incurred on physiotherapy and implant 
to set off the amputation by way of artificial 
limb 
c 
(iv) 
Compensation assessed on account of Rs. 8,00,000/-
physical disability 
(v) Compensation assessed on account of loss of Rs. 1,50,000/-
earnings during hospitalisation 
D 
(vi) Compensation assessed on account of future 
Rs. 13,00,000/-
loss of earnings 
. 
(B) Non-Pecuniary Compensation 
E 
(i) Compensation assessed on account of Rs. 50,000/-
physical pain, mental agony and saise of 
wrong 
(ii) Compensation assessed on account of Rs. 1,00,000/-
F 
loss of pleasures of life, longevity 
(iii) Compensation assessed on account Rs. 50,000/-
of loss of beauty 
G 
Total 
Rs. 27,14,83 5/-
H 
546 
A 
B 
c 
SUPREME COURT REPORTS 
(2017] 6 S.C.R. 
4. Both the learned counsel appearing for the Insurance 
Company and the claimant have referred to several Judgments 
extensively and have canvassed for their respective position for reduction 
and enhancement, as the case may be. However, we propose to refer 
only to two judgments since those two judgments have discussed the 
first prin
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