Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: s.166 – Compensation – In a motor accident, claimant aged 29 years sustained grievous brain injury – He underwent brain surgeries – Even after discharge from hospital, he remained in coma – At the time of accident, he was working in bank and earning Rs. 4,59,425 p.a. – Tribunal awarded compensation of Rs. 94.37 lacs along with interest @ 9% P.A. – Both insurance company and the claimant filed appeals before High Court – High Court partly allowed the appeal of claimant and enhanced compensation from Rs. 94.37 lacs to Rs. 1.24 crores, however, reduced interest from 9% to 6% P.A – Claimant still aggrieved filed instant appeal – Grievance of claimant was that award of Rs. 2 lacs under the head ‘pain and suffering’ and Rs. one lac under the head ‘loss of amenities and happiness’ was not sufficient – Held: Considering the prolonged hospitalization and medical treatment and the claimant having undergone multiple surgeries and still in coma and bedridden, High Court erred in awarding Rs.2,00,000/- only under the head ‘pain, shock and suffering’ – Amount of compensation under this head enhanced to Rs.10,00,000/- – Similarly, the amount of Rs.1,00,000/- awarded by the High Court under the head ‘loss of amenities and happiness’ can also be said to be on lower side – No amount can compensate the loss of amenities and happiness more particularly a person who is in coma since number of years and is bedridden for the entire life – In facts and circumstances of the case, if amount of compensation under the head ‘loss of amenities and happiness’ is enhanced to Rs.10,00,000/- from that of Rs.1,00,000/- as awarded by the High Court, it can be said to be a reasonable amount under the head loss of amenities and happiness – However, as regards the interest rate, no interference made. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 235 |
Petitioner | Sri. Benson George |
Respondent | Reliance General Insurance Co. Ltd.& Anr. |
SCR | [2022] 1 S.C.R. 653 |
Judgement Date | 2022-02-25 |
Case Number | 1540 |
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