Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 433 OF 2022
(Arising out of SLP(Civil) No. 17026/2021)
Shivdhar Kumar Vashiya …Appellant
Versus
Ranjeet Singh and others …Respondents
J U D G M E N T
M.R. SHAH, J.
1. Leave granted.
1a. Office Report dated 20.01.2022 indicates that ‘No one has entered
appearance on behalf of respondent nos. 3 & 4 – Insurance Companies,
though served through registered A.D. post.
2. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 24.08.2020 passed by the High Court of Chhattisgarh at
Bilaspur in MAC No. 623/2014, by which the High Court has partly
Signature Not Verified
Digitally signed by
Rajni Mukhi
Date: 2022.01.24
16:39:52 IST
Reason:
allowed the said appeal preferred by the claimant and enhanced the
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compensation to Rs.27,36,541/- only, the original claimant has preferred
the present appeal.
3. That in a vehicular accident between the motor cycle driven by the
claimant and the trailer bearing registration No. CG/12/D/8188, the
claimant suffered grievous injuries. He was taken to CIMS Hospital,
Bilaspur and then to Apollo Hospital, Bilaspur. He remained as indoor
patient for 45 days. The claimant suffered multiple injuries over his face;
lacerated wound on scalp temporal region; lacerated wound on right ear,
swelling over right leg suspected fracture. Discharge Summary issued
by the Apollo Hospital, Bilaspur reads as under:
“There was rashes all over the body. Possibility of eption
toxicity was there so eption was stopped. Gradually he was
improving well. At the time of discharge he was looking around,
left sided spontaneous movement, right hemiparesis – G-I-II/V,
accepting orally semisolid diet without cough; tracheostomy
stoma closed; afebrile; voiding on male catheter, it has been
explained to relatives that he will improve gradually. The exact
extent and duration of recovery is difficult to predict.”
3.1 Doctors of the Medical Board examined the claimant and the
doctors assessed 82% permanent disability and it was found that the
condition of the claimant is not likely to improve. On evidence, it was
found that the claimant is bedridden and not in a position to do/perform
his daily activities without the help of others.
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3.2 The claimant approached the Motor Accident Claims Tribunal, FTC,
Korba (CG) (for short, ‘the Tribunal’) claiming compensation under
different heads. On appreciation of evidence, the Tribunal assessed the
permanent partial disability at 70%. The Tribunal awarded a total sum of
Rs.19,98,000/- towards the compensation under different heads. In an
appeal preferred by the claimant, the High Court has enhanced the
compensation to Rs. 27,36,541/-, instead of Rs.19,98,000/- as awarded
by the Tribunal.
3.3 Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court, the claimant has preferred the
present appeal.
4. This Court vide order dated 10.11.2021 issued limited notice to
consider the case for enhancement of amount towards loss of amenities,
joy and pain/sufferings.
5. Having heard learned counsel for the claimant and looking to the
grievous injuries suffered by the claimant and permanent partial disability
and prolonged hospitalisation and the operations performed for right
subfrontal craniotomy and evacuation of basifrontal contusion
[03.10.2011]; repair of right ear [03.10.2011]; closed unreamed tibial
interlock nailing [03.10.2011]; and Tracheostomy [05.10.2011], we are of
the opinion that Rs. 50,000/- awarded towards loss of amenities, joy and
Rs. 50,000/- awarded towards pain/sufferings respectively can be said to
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be on the lower side. In the facts and circumstances of the case, we are
of the opinion that under the aforesaid heads, namely, loss of amenities,
joy and towards pain/sufferings respectively, if a further sum of
Rs.2,00,000/- [over and above Rs.1,00,000/- (Rs. 50,000/- on each
count)] is awarded, it will meet the ends of justice.
6. In view of the above and for the reasons stated above, the present
appeal is allowed in part. The impugned judgment and order passed by
the High Court is modified and it is held that the claimant shall be entitled
to a total sum of Rs.29,36,541/- under different heads including a total
sum of Rs.3,00,000/- under the heads “loss of amenities and joy and
pain/sufferings”, which shall carry interest at the rate of 7% per annum
from the date of application till its realisation. No order as to costs.
………………………………..J.
[M.R. SHAH]
NEW DELHI; ………………………………..J.
JANUARY 21, 2022. [SANJIV KHANNA]
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