Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - ss.168 & 173 - Just Compensation - Grant of- Towards future medical expenses - Appellant, aged about 36 years, hit by motorcycle driven by respondent no. 1 - Admitted in Hospital, and treated by PW2, Orthopaedic Surgeon - Serious physical impairment in left leg of appellant - Claim petition by appellant for compensation of Rs.3,50,000/- MACT awarded amount of Rs.1,94,350/- with interest@ 8% p.a from the date of petition- High Court enhanced the award to Rs.2,65,0001/- Plea of appellant that future medical expenses and necessary treatment were not considered adequately by the High Court - Appellant claimed that she needed to undergo hip replacement surgery which could cost Rs.2 lakhs - Held:Tribunal is required to determine the amount of compensation 'which appears to it to be just' - Compensation should, to the extent possible fully and adequately restore the claimant to the position prior to the accident - On facts, High Court awarded only Rs.15,000/- towards·future medical expenses- It lost sight of the statement of PW2 that to minimize persistent disablement, the appellant needed to undergo femoral head excision and Bipolar Hemi-arthoplasty which would cost more than Rs.90,000/ - Corroborative evidence given by PW2 accepted, and amount as reflected in his evidence added - This would add an amount of Rs. 75, 000/- to the compensation awarded by the High Court which takes it to a figure of Rs. 3, 40, 000/ - Further, since, PW2 said that the expenses could be more than Rs. 90, 000/- but did not specify how much would be that amount, further amount of Rs.10,000/ - added to make it Rs.3,50,000/- and thus fully allow the claim of the appellant. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2013 INSC 311 |
Petitioner | Smt. V. Sudha |
Respondent | P. Ganapathi Bhat & Anr. |
SCR | [2013] 5 S.C.R. 1093 |
Judgement Date | 2013-05-06 |
Case Number | 4340 |
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