VISHNU DUTT MITTAL Vs MAHESH & ORS.
- Citation2024 SCC OnLine Del 1753
Ratio decidendi
The rule this decision rests on
Where an injury victim has sustained permanent disability and the Tribunal has reckoned notional income based on statutory minimum wages, loss of future earning capacity must include an addition of 25% towards loss of future prospects, calculated by applying the percentage to the annual income before applying the multiplier. In computing compensation for permanent disability resulting in loss of earning capacity, where no proof of actual employment exists and minimum wages are adopted as notional income, the loss of earning capacity percentage (here 60%) is applied to the income after adding the loss of future prospects component, and this sum is then multiplied by the appropriate life multiplier to arrive at the total loss of future earning capacity. Compensation for pain and suffering arising from permanent disability causing 88% loss of function in a limb should be assessed at Rs. 1,00,000/- rather than Rs. 35,000/-, reflecting the severity of the injury. Where a claimant has suffered permanent non-progressive disability affecting quality of life, separate heads of compensation must be awarded for loss of amenities and enjoyment of life and disfigurement, in addition to pain and suffering, to ensure just and fair compensation.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
173 of the Motor Vehicles Act, 19881, assailing the quantum of compensation awarded by the learned Presiding Officer, Motor Accident Claims Tribunal (South-01), Saket Courts, New Delhi2 vide judgment dated 19.12.2012 in claim petition No. 304/103, agitating that it is not a fair and just compensation and is on a lower side as the learned Tribunal has overlooked the relevant parameters. 2.
Having heard the learned counsel for the rival parties and on
perusal of the record, I find that there is no challenge to the factum of the accident that occurred on 03.07.2010 involving the offending vehicle i.e., LPG Tanker bearing registration No. HR-66-0242 being driven by respondent No.1, that resulted in the appellant sustaining 1
MV Act Tribunal 3 Claim petition 2
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permanent disability in terms of the disability certificate to the extent of 88% in his lower limb, which is non-progressive but, at the same time, not likely to improve. 3.
Regarding the issue in Petition No. 304/2010, evidently, the
appellant was 48 years of age and it was the case of the appellant that he was working as a caterer. Although no proof of his employment was given, the learned Tribunal reckoned the minimum wages for an unskilled workman which were prevalent at the time of accident and fixed by the Government of National Capital Territory of Delhi [“GNCTD”] to be @ Rs. 5278/-. The loss of earning capacity was reckoned @ 60% and applying the multiplier of ‟13‟, the loss of earning capacity was assessed @ Rs. 4,94,026/- by the learned Tribunal. 4.
Further, the learned Tribunal granted a sum of Rs. 35,000/- on
account of pain and suffering; Rs. 30,000/- for loss of earning during the period of medical treatment; Rs.35,000/- towards special diet and travelling expenses; Rs.20,000/- towards future medical expenses and Rs. 11,750/- towards medical expenses. Thus, the total amount of compensation comes to Rs. 6,25,776/-. 5.
Hence, the learned Tribunal awarded a total compensation of
Rs.6,25,776/- (Rupees Six Lacs Twenty Five Thousand Seven Hundred Seventy Six Only) to the respondent/claimant wit interest @ 7.5% p.a. from the date of filing of the claim petition i.e. 08.10.2010 till its realisation. 6.
Having heard learned counsels for the rival parties at the Bar
and on perusal of the record, including the Trial Court record, ex facie,
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the said aspect requires modification. Although the learned Tribunal rightly assumed the notional income @ Rs. 5278/- provided for an unskilled workman, the loss of future prospects has not been reckoned. The same has to be reckoned @ 25% in terms of the decision in National Insurance Co. Ltd. v. Pranay Sethi4. The annual income of the appellant thus comes to Rs. 63,336/- (5278 x 12). Now adding 25% towards loss of future prospects, the notional annual income would come to Rs. 79,170/-. Further, no apparent error has been committed by the learned Tribunal in reckoning the loss of earning capacity @ 60%. Lastly, taking the multiplier of „13‟ as per the decision in Sarla Verma v. DTC5, the total loss of future earning capacity on account of permanent disability comes to Rs. 6,17,526/(Rupees Six Lacs Seventeen Thousand Five Hundred Twenty Six Only). 7.
There is more faultiness since the learned Tribunal has awarded
the compensation towards pain and suffering @ Rs. 35,000/-, which should be enhanced to Rs. 1,00,000/-. Further, compensation of an amount of Rs. 50,000/- is awarded towards loss of amenities and enjoyment of life besides Rs. 25,000/- towards disfiguration and Rs. 50,000/- towards future medical expenses. Accordingly, the total compensation is arrived as under:-
4
(2017) 16 SCC 680
5 (2009) 6 SCC 121
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S. No. Heads 1. 2. 3. 4. 5. 6. 7. 8. 9.
10. 11.
8.
Amount
Annual Income
Rs.63,336/(5278 x 12) Addition towards loss of future Rs. 79,170/prospects (25 % of 63,336) Multiplier Total Loss of future earning at 60% loss of earning capacity Pain and suffering Enhanced Future medical expenses Reimbursement of Medical Expenses Disfiguration expenses Special Diet Rs. 20,000/- and travelling Expense Rs.15,000/maintained Loss of earning during the period of treatment Loss of amenities and enjoyment of life Total Compensation
13 Rs 6,17,526/(79,170 x 13 x 60/100 Rs. 1,00,000 Rs. 50,000/Rs. 11,750/Rs. 25,000/Rs. 35,000/-
Rs. 30,000/Rs. 50,000/Rs.9,19,276
Accordingly, the total amount of compensation is worked out to
be Rs. 9,19,276/- (Rupees Nine Lacs Nineteen Thousand Two Hundred Seventy Six Only), which shall be payable to the appellant with interest @ 7.5% from the date of filing of the petition i.e. 08.10.2010 till its realization. 9.
Accordingly, the present appeal is allowed and the impugned
award-cum-judgment dated 19.12.2012 is hereby modified. The respondent No.3/insurance company is directed to deposit the entire amount of compensation with the learned Tribunal within four weeks from today failing which, the respondent No.3/insurance company shall be liable to pay penal interest @ 12 % per annum from the date
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of this judgment till realization on the amount of compensation plus the accrued interest till date. 10.
The amount of compensation be realized by the appellant in
terms of the directions passed by the learned Tribunal. 11.
The appeal stands disposed of accordingly.
DHARMESH SHARMA, J. MARCH 12, 2024 Sadiq/ck
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