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The Bench was of the opinion 'considering the five operations, prolonged hospitalisation, and suffering, we are of the opinion that the amount of Rs. 25,000/ awarded by the High Court under the head of pain, shock, and suffering can be said to be on a lower side'.
A Bench of Justice M.R. Shah and Justice Krishna Murari, while hearing an appeal against an impugned order of the Punjab & Haryana High Court, Chandigarh, enhanced the compensation of Rs.14,82,000/ to Rs. 62,35,000/ with 7.5% interest per annum from the date of filing of the claim petition till realisation.
Previously, the High Court had partly allowed an appeal preferred by the appellant (injured) claimant and had enhanced the amount of compensation to Rs.14,82,000/. Therefore, approached the Supreme Court.
In the pertinent matter, in an accident, the appellant – original claimant sustained multiple injuries. The nature of injury was such that the right upper limb below elbow, had to be amputated, which further resulted in prolonged hospitalisation, and had to undergo five operations. At the time of accident, the appellant was getting USD 1000 as a salary in Merchant Navy. The Motor Accident Claims Tribunal awarded a total sum of Rs.6,68,000/ under different heads including the expenses covering medicine, treatment, special diet, pain, shock and suffering and future loss of income. Aggrieved by the impugned judgment, the appellant approached Punjab and Haryana High Court. The Court enhanced the amount of compensation from Rs. 6,68,000/ to Rs.14,82,000/.
The Supreme Court Bench took note of all the facts put forth, and the reasons relied on by the various Courts. And was thus of the opinion, "The High Court has awarded Rs. 25,000/ only towards pain, shock, and suffering. However, it is required to be noted that the right hand below elbow of the claimant was amputated. During prolonged hospitalization, he was operated on five times. Looking at the serious injuries, the claimant was required to be shifted to Medical College and Hospital at Rohtak and thereafter to Jaipur Golden Hospital, New Delhi, where he remained admitted from 03.01.1997 to 21.01.1997. Therefore, considering the five operations, prolonged hospitalisation, and suffering, we are of the opinion that the amount of Rs. 25,000/ awarded by the High Court under the head of pain, shock, and suffering can be said to be on a lower side".
The application for deleting the name of respondent No. 2 was allowed at the risk and responsibility of the appellant.
CASE TITLE: Ramesh vs. Karan Singh & Anr.
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