NDLI: Parminder Singh Vs. New India Assurance Co. Ltd. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	NO valid driver license 1988 Permannet disbaility due to accident Liability of the Insurance Company Principle of ‘pay and recover’ Motor Vehicles Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1988 (59 of 1988)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Motor Vehicles Act, 1988 – Permannet disbaility due to accident – Driver of the offending vehicle not possessing valid driver license – Liability of the Insrance Company – Principle of ‘pay and recover’ – Appellant-driver was driving a car in which a Cabinet Minister in Punjab, was being driven from Ludhiana – Car rammed by a truck coming from the opposite direction at a very high speed and being driven in a rash and negligent manner – Accident occurred due to the contributory negligence of the driver of another truck which was wrongly parked on the road– Minister succumbed to the injuries while the appellant suffered grievous injuries– In Claim Petition filed by the appellant against the owners and drivers of the two offending trucks, along with the insurer of the two offending trucks viz. the Respondent-Insurance Company, MACT awarded the appellant Rs.10,43,666/- along with interest @7.5% p.a. – High Court enhanced the compensation to Rs.21,06,000/- – On appeal, held: MACT computed the compensation payable to the appellant on the basis of notional income of Rs.6,000/- p.m. on the ground that no evidence of his income was produced – Appellant has produced an affidavit by his employer as per which the appellant was earning Rs.10,000/- p.m. at the time of the accident – Taking the income of the appellant as Rs.10,000/- p.m., with future prospects @50% as awarded by the High Court, the total income of the Appellant would come to Rs.15,000/- p.m - Appellant was 23 years old at the time when the accident occurred – Applying the multiplier of 18, the loss of future earnings suffered by the appellant would work out to Rs. 15,000 X 12 X 18 =Rs. 32,40,000/- – High Court rightly assessed the functional disability of the appellant as 100% – Appellant is suffering from hemiplegia due to which the left side of his body is barely functioning – On account of the permanent disability suffered, the Appellant was deprived of getting married and having a normal family life – His capacity to earn a living has been completely shattered and he has a become fully dependant person – Compensation awarded towards his medical expenses is highly insufficient – Appellant has undergone 5 surgeries, including a surgery for a severe head injury, and 3 throat surgeries – Rs.7,50,000/- awarded towards hospitalization and medical expenses incurred in the past– Rs. 10,00,000/- awarded towards medical expenses and attendant charges – View of the High Court that the Respondent is absolved of the liability to bear the compensation, as evidence has been produced from the office of the Regional Transport Office to prove that the drivers of the two offending trucks were driving with invalid driving licenses, affirmed – Respondent entitled to recover the amount from the owners and drivers of the two offending trucks.
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 704
Petitioner	Parminder Singh
Respondent	New India Assurance Co. Ltd. & Ors.
SCR	[2019] 8 S.C.R. 986
Judgement Date	2019-07-01
Case Number	5123

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