Velayudhan Versus National Insurance Co. Ltd. & Anr.
Velayudhan Versus National Insurance Co. Ltd. & Anr.
Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6164 OF 2022
Velayudhan …Appellant(s)
Versus
National Insurance Co. Ltd. & Anr. …Respondent(s)
J U D G M E N T
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 23.10.2018 passed by the High
Court of Kerala at Ernakulam in MACA No. 2601/2008, by
which, the High Court has partly allowed the said appeal
and enhanced the total amount of compensation to Rs.
8,24,800/, the original claimant has preferred the present
appeal.
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2. In a vehicular accident, the appellant herein – original
claimant sustained very serious injuries resulting into 68%
permanent disability (the High Court assessed the same as
100%). The appellant sustained head injury with right
temporal contusion with SDH and brain stem injury,
fracture multiple metatarsal bones, fracture medial
malleolus left foot, pneumothorax left with fracture ribs left
side, lacerated wound occipital scalp, contusion left upper
arm mid outer side with limited movement of upper limb,
burns injury left leg antero medially mid part lacerated
wound leg mid anteriorly with adjacent abrasion, lacerated
wound between little toe and fourth toe, edema left foot
dorsal side multiple bodily injuries. The claimant filed
claim petition before the learned Tribunal towards
compensation. The learned Tribunal awarded the
compensation under different heads as under:
Head Amount claimed Amount awarded
Loss of earning Rs. 45,000/ Rs. 16,000/
Expense for
transportation
Rs. 20,000/ Rs. 5,000/
Extra
nourishment
Rs. 10,000/ Rs. 4,000/
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Damages to
clothing
Rs. 0/ Rs. 5,00/
Damages to
motorcycle
Rs. 4,000/ Rs. 3,850/
Expense for
treatment
Rs. 50,000/ Rs. 80,450/
Expense for
personal
assistance
Rs. 1,00,000/ Rs. 1,00,000/
Compensation for
pain and suffering
Rs. 1,50,000/ Rs. 50,000/
Compensation for
permanent
disability
Rs. 2,00,000/ Rs. 2,44,800/
Compensation for
loss of amenities
Rs. 0/ Rs. 25,000/
The learned Tribunal assessed the income of the
claimant at Rs. 2,000/ per month and accordingly,
awarded actual economic loss as well as future economic
loss. The learned Tribunal awarded Rs. 50,000/ towards
pain and suffering. In the appeal, the High Court though
assessed the permanent disability at 100% for working out
of the compensation, enhanced the amount of
compensation with respect to the future economic loss
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considering the income of the injured – claimant at Rs.
3,000/ per month. The High Court did not enhance the
amount of compensation under other heads.
2.1 Feeling aggrieved and dissatisfied with the impugned
judgment and order of the High Court, the original
claimant – injured has preferred the present appeal.
3. We have heard learned counsel appearing on behalf of the
appellant. At the outset, it is required to be noted that in
the vehicular accident the appellant sustained very serious
injuries referred to hereinabove and suffered trauma and
suffering. The learned Tribunal and the High Court
assessed and awarded Rs. 50,000/ only towards pain and
suffering. Considering the serious injuries suffered by the
appellant – claimant and prolonged hospitalisation and the
pain and suffering and trauma suffered by the appellant
due to the accident, we are of the opinion that the amount
of Rs. 50,000/ awarded towards pain and suffering can be
said to on a lower side. We are of the opinion that in the
facts and circumstances of the case and looking to the
serious injuries, prolonged hospitalisation and the pain,
shock and suffering and trauma, which might have been
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suffered by the appellant – claimant, it would be just and
proper to award Rs. 4,00,000/ under the head of pain,
shock, and suffering.
4. Similarly, the High Court has erred in awarding the future
economic loss treating the income of the claimant at Rs.
3,000/ per month only. The claimant was working as a
Mason. The permanent disability assessed by the High
Court is at 100%. Therefore, even considering the
minimum wages payable to the Mason and the future rise
in income, the claimant shall be entitled to the economic
loss past as well as future considering the income of the
claimant at Rs. 5,000/ per month. Looking to the age of
the claimant that was 40 years, multiplier of 15 is required
to be applied.
5. In view of the above, the present appeal is allowed. The
impugned judgment and order passed by the High Court is
modified awarding Rs. 24,000/ towards loss of earing; Rs.
9,00,000/ towards future economic loss (instead of Rs.
5,40,000/ as awarded by the High Court) and Rs.
4,00,000/ towards pain, shock, and suffering. Thus, the
claimant shall be entitled to a total sum of Rs. 15,42,800/
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with 7.5% interest per annum from the date of the claim
petition, till satisfaction. The respondent – Insurance
Company is directed to pay/deposit the enhanced amount
of compensation as per the present judgment and order
within a period of eight weeks from the date of receipt of a
copy of this judgment. The present appeal is partly allowed
to the aforesaid extent. No costs.
………………………………….J.
[M.R. SHAH]
NEW DELHI; ………………………………….J.
SEPTEMBER 07, 2022 [KRISHNA MURARI]
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