Supreme Court Awards Enhanced Compensation in Motor Accident Case, Highlights 100% Loss of Income and Future Medical Expenses
In a significant judgment, the Supreme Court of India has awarded enhanced compensation to an injured claimant in a motor accident case, emphasizing the severe impact on the claimant’s life and the need for adequate financial support. The court’s ruling, delivered by Justice B.R. Gavai and Justice Vikram Nath, highlights critical aspects such as the claimant’s 100% loss of income and the requirement for future medical expenses.
Addressing the issue of loss of income, the court observed, “The nature of injuries suffered by the appellant results in 100% loss of income… it is not correct to hold that where the disability is 60%, the loss of income should be reduced by 50%.” The judgment emphasized the debilitating effects of the claimant’s injuries, including compression fractures, paraplegia, loss of bladder function, loss of erection, and loss of bowel control.
The Supreme Court further rejected the deduction made by the High Court towards uncertainties of life, stating that it was already accounted for in the application of the multiplier. Regarding personal expenses, the court ruled that in cases of injury and not death, no deduction should be made, citing a previous judgment in Lalan D. case.
In terms of future medical expenses, the court acknowledged the lifelong nature of the claimant’s medical requirements and awarded compensation of Rs. 9,72,000/-. Additionally, the court recognized the claimant’s loss of marriage prospects and granted a fixed compensation of Rs. 3 lakhs.
Highlighting the claimant’s pain and suffering, the court expressed dissatisfaction with the amount awarded by the High Court, stating, “The kind of pain, agony, and suffering undergone and also for the future, the amount awarded is less.” Consequently, the court awarded a sum of Rs. 3 lakhs under this head.
The judgment also considered the loss of consortium suffered by the claimant’s dependents, with the court awarding compensation of Rs. 40,000/- each to them. Moreover, separate compensation amounts of Rs. 15,000/- each were awarded towards loss of estate and funeral expenses.
The Supreme Court allowed the appeals, directing the Motor Accident Claims Tribunal to recalculate the compensation amount based on the court’s determinations. The court further ordered the timely payment of the revised compensation to the dependent/appellants.
This judgment underscores the court’s commitment to ensuring fair and just compensation for victims of motor accidents, taking into account the profound impact on their lives and the ongoing financial implications.
Date of Decision: July 5, 2023
RAHUL GANPATRAO SABLE vs LAXMAN MARUTI JADHAV (DEAD) THROUGH LRS. AND ORS.
