. Pecuniary damages (Special Damages): (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure; (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising: (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. B. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries; 5 (v) Loss of amenities (and/or loss of prospects of marriage); (vi) Loss of expectation of life (shortening of normal longevity)=After completion of his 10+2, the appellant had passed Diploma in Applied Research International, New Delhi which is a condition precedent for joining Merchant Navy. - aged 22 years, un married, 50% disablity to the right arm- he cannot join Merchant Navy. Even, it would be very difficult for him to get an alternate job easily, particularly in view of 50% permanent disability to his right arm. Thus, the appellant is awarded Rs.10,00,000/- (Rupees Ten Lacs only) on account of the expenses relating to treatment, hospitalization, medicines etc, loss of earnings during the course of treatment and loss of future earnings on 8 account of permanent disability. The appellant is awarded Rs.3,00,000/- (Rupees Three Lacs only) for future medical expenses. The appellant must have suffered pain, agony and trauma as a consequence of injuries. The Court can take judicial notice of the fact that he may not have bright future as before. He was just 22 years of age at the time of accident and was unmarried. It is unfortunate that he had to suffer at this young age when he was thinking of his bright future life. Having regard to the material on record, we award Rs.3,00,000/-(Rupees Three Lacs only) towards pain, agony and trauma as a consequence of injuries, and Rs.3,00,000/-(Rupees Three Lacs only) towards loss of amenities(including loss of prospects of marriage) and Rs.3,00,000/-(Rupees Three Lacs only) towards loss of expectation of life. Thus, on all counts, the appellant is awarded, in total, a compensation of Rs.22,00,000/-(Rupees Twenty Two Lacs only), instead of Rs.8,80,000/-(Rupees Eight Lacs Eighty Thousand only) awarded by the High Court, along with uniform rate of interest @ 8% per annum from the date of filing of the claim petition before the Motor Accident Claims Tribunal till 9 its realization. It is also directed that the payment of compensation with interest shall be made to the appellant within three months from today
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.__17998_____OF 2017
(Arising from SLP (C) No.4841/2016)
Ankur Kapoor ..Appellant
Versus
Oriental Insurance Co. Ltd. ..Respondent
J U D G M E N T
MOHAN M. SHANTANAGOUDAR, J.
Leave granted.
2. The appellant has sought enhancement of
compensation by filing this appeal, questioning the judgment
dated 31.10.2015 passed by the High Court of Punjab and
Haryana at Chandigarh in FAO No. 3218 of 2003 (O&M).
2
3. Facts leading to this appeal are as under:
In the accident that occurred at about 10.30 p.m. on
21.3.2000 at Jamnagar, the appellant sustained grievous injury
to his right arm which resulted in permanent disability to the
extent of 50% to his right arm. Since the appellant was
immediately admitted to the hospital at Jamnagar his life was
saved; the appellant remained as in-patient in the hospital
from 21.03.2000 to 31.05.2000 and had undergone several
surgeries. It is the case of the appellant that even after
discharge from the hospital at Jamnagar, he was taking
treatment at Karnal as out-patient. At the time of accident,
the appellant was “Dec Cadet trainee” of Merchant Navy in the
Binnyship Management Company Ltd. and as a trainee, he was
getting fifty US dollars per month as salary, apart from free
boarding and lodging. It was the claim of the appellant that he
would have become “third Officer” after 18 months and the
said post was attached with the salary of 1500 US dollars per
month. According to the appellant, he would have then
become “Chief Officer” within three years and then “Captain”
3
of the ship after about eight years of the service, but as a result
of accident and as a result of permanent disability to the right
arm of the appellant, he has not only lost his job in Binnyship
Management Company Ltd. but he has become unfit for the
Merchant Navy. He alleges that his future career is ruined,
apart from sustaining heavy financial loss.
4. The Motor Accident Claims Tribunal, Karnal awarded
compensation of Rs.6,60,000/- (Rupees Six Lacs Sixty
Thousand only) along with 9% interest per annum from the
date of filing the claim petition to the appellant.
5. Dissatisfied with the quantum of compensation, the
appellant approached the High Court of Punjab and Haryana at
Chandigarh seeking enhancement of compensation. The High
Court has enhanced the compensation by Rs.2,20,000/-
(Rupees Two Lacs Twenty Thousand only) along with interest @
6% per annum, which means the appellant has been awarded a
total compensation of Rs.8,80,000/- along with interest. As
mentioned supra, this appeal is filed praying for further
enhancement of compensation.
4
6. The Tribunal as well as the High Court have not
quantified the compensation under separate heads, which in
our considered opinion has resulted in grant of lesser
compensation.
7. It is by now well settled by this Court in a catena of
decisions including the case of Raj Kumar vs. Ajay Kumar
reported in (2011) 1 SCC 343, in the case of permanent
disability, the compensation is usually awarded under the
following heads:
A. Pecuniary damages (Special Damages):
(i) Expenses relating to treatment, hospitalization,
medicines, transportation, nourishing food, and
miscellaneous expenditure;
(ii) Loss of earnings (and other gains) which the
injured would have made had he not been
injured, comprising:
(a) Loss of earning during the period of
treatment;
(b) Loss of future earnings on account of
permanent disability.
(iii) Future medical expenses.
B. Non-pecuniary damages (General Damages)
(iv) Damages for pain, suffering and trauma as a
consequence of the injuries;
5
(v) Loss of amenities (and/or loss of prospects of
marriage);
(vi) Loss of expectation of life (shortening of normal
longevity)
8. The record reveals that the Tribunal has made a note
while recording the deposition of the claimant about the
seriousness of the injuries sustained by the claimant. The
observation of the Tribunal reads thus:
“At this stage I have seen the right arm i.e. right
upper limb which is almost completely in a damaged
condition and skin is not visible properly from elbow
onward till shoulder and there seems to be some
muscle loss.”
The record also reveals that the claimant was
unconscious for a couple of days in the hospital and he was
operated by the doctor at Jamnagar hospital. According to the
appellant, he has spent an amount of Rs.3,00,000/- (Rupees
Three Lacs only) at Jamnagar hospital. Thereafter, he has
taken the assistance of Dr. O.P.Miglani at Karnal for getting the
dressing done every day. The disability certificate is Ex. P1
and the treatment certificate issued by the hospital is Ex. P9.
Due to the injuries sustained, the appellant has lost strength
6
and flexibility in his right arm and he cannot lift the weight.
The appellant cannot raise the arm beyond the level of 90
degree and he cannot drive the vehicle as his arm is not as
strong as it was before the accident. The appellant had
completed six and half months training prior to the incident.
When the ship had halted at Jamnagar for ten days, he took
casual leave for seven days to go to Karnal for applying fresh
passport, during which time the accident occurred. After
completion of his 10+2, the appellant had passed Diploma in
Applied Research International, New Delhi which is a condition
precedent for joining Merchant Navy. The appellant had also
passed Diploma in Personal Safety and Social Responsibilities,
Oil Tanker Familiarization, Elementary First Aid, Personal
Survival Techniques, Fire Prevention and Fire Fighting(all are
related to sea courses) for Dec Cadet and thereafter he joined
Binniship Management Company as Dec Cadet. The record
further reveals that the appellant has to undergo one more
surgery i.e. plastic surgery at Mumbai inasmuch as such facility
is not available in his native place at Karnal. According to the
7
appellant, the said surgery may cost him rupees three to four
lacs.
9. Having regard to the afore-mentioned material on
record and keeping in mind that the future of the appellant has
become bleak, so also his marriage prospects are reduced to
greater extent, in our considered opinion, the compensation
awarded to the appellant needs to be enhanced to certain
extent.
The appellant, as mentioned supra, has spent about
rupees three lacs for treatment, hospitalization, medicines,
transportation, nourishing food and miscellaneous expenditure
during the course of treatment. He lost his earnings during the
course of treatment, i.e., at least for a period of four months.
He has also lost his future earnings since he may not be able
to do the job as before and he cannot join Merchant Navy.
Even, it would be very difficult for him to get an alternate job
easily, particularly in view of 50% permanent disability to his
right arm. Thus, the appellant is awarded Rs.10,00,000/-
(Rupees Ten Lacs only) on account of the expenses relating to
treatment, hospitalization, medicines etc, loss of earnings
during the course of treatment and loss of future earnings on
8
account of permanent disability. The appellant is awarded
Rs.3,00,000/- (Rupees Three Lacs only) for future medical
expenses. The appellant must have suffered pain, agony and
trauma as a consequence of injuries. The Court can take
judicial notice of the fact that he may not have bright future as
before. He was just 22 years of age at the time of accident and
was unmarried. It is unfortunate that he had to suffer at this
young age when he was thinking of his bright future life.
Having regard to the material on record, we award
Rs.3,00,000/-(Rupees Three Lacs only) towards pain, agony and
trauma as a consequence of injuries, and Rs.3,00,000/-(Rupees
Three Lacs only) towards loss of amenities(including loss of
prospects of marriage) and Rs.3,00,000/-(Rupees Three Lacs
only) towards loss of expectation of life.
10. Thus, on all counts, the appellant is awarded, in total,
a compensation of Rs.22,00,000/-(Rupees Twenty Two Lacs
only), instead of Rs.8,80,000/-(Rupees Eight Lacs Eighty
Thousand only) awarded by the High Court, along with uniform
rate of interest @ 8% per annum from the date of filing of the
claim petition before the Motor Accident Claims Tribunal till
9
its realization. It is also directed that the payment of
compensation with interest shall be made to the appellant
within three months from today. Needless to mention that any
amount, if already paid, shall be adjusted. The findings of the
Motor Accident Claims Tribunal and the High Court regarding
composite negligence and liability to pay will remain
undisturbed.
11. The instant appeal is accordingly allowed to the
aforesaid extent. There shall be no order as to costs.
……………………………………….J.
[S.A. BOBDE]
………………………………………..J.
[MOHAN M. SHANTANAGOUDAR]
NEW DELHI;
NOVEMBER 06, 2017.
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.__17998_____OF 2017
(Arising from SLP (C) No.4841/2016)
Ankur Kapoor ..Appellant
Versus
Oriental Insurance Co. Ltd. ..Respondent
J U D G M E N T
MOHAN M. SHANTANAGOUDAR, J.
Leave granted.
2. The appellant has sought enhancement of
compensation by filing this appeal, questioning the judgment
dated 31.10.2015 passed by the High Court of Punjab and
Haryana at Chandigarh in FAO No. 3218 of 2003 (O&M).
2
3. Facts leading to this appeal are as under:
In the accident that occurred at about 10.30 p.m. on
21.3.2000 at Jamnagar, the appellant sustained grievous injury
to his right arm which resulted in permanent disability to the
extent of 50% to his right arm. Since the appellant was
immediately admitted to the hospital at Jamnagar his life was
saved; the appellant remained as in-patient in the hospital
from 21.03.2000 to 31.05.2000 and had undergone several
surgeries. It is the case of the appellant that even after
discharge from the hospital at Jamnagar, he was taking
treatment at Karnal as out-patient. At the time of accident,
the appellant was “Dec Cadet trainee” of Merchant Navy in the
Binnyship Management Company Ltd. and as a trainee, he was
getting fifty US dollars per month as salary, apart from free
boarding and lodging. It was the claim of the appellant that he
would have become “third Officer” after 18 months and the
said post was attached with the salary of 1500 US dollars per
month. According to the appellant, he would have then
become “Chief Officer” within three years and then “Captain”
3
of the ship after about eight years of the service, but as a result
of accident and as a result of permanent disability to the right
arm of the appellant, he has not only lost his job in Binnyship
Management Company Ltd. but he has become unfit for the
Merchant Navy. He alleges that his future career is ruined,
apart from sustaining heavy financial loss.
4. The Motor Accident Claims Tribunal, Karnal awarded
compensation of Rs.6,60,000/- (Rupees Six Lacs Sixty
Thousand only) along with 9% interest per annum from the
date of filing the claim petition to the appellant.
5. Dissatisfied with the quantum of compensation, the
appellant approached the High Court of Punjab and Haryana at
Chandigarh seeking enhancement of compensation. The High
Court has enhanced the compensation by Rs.2,20,000/-
(Rupees Two Lacs Twenty Thousand only) along with interest @
6% per annum, which means the appellant has been awarded a
total compensation of Rs.8,80,000/- along with interest. As
mentioned supra, this appeal is filed praying for further
enhancement of compensation.
4
6. The Tribunal as well as the High Court have not
quantified the compensation under separate heads, which in
our considered opinion has resulted in grant of lesser
compensation.
7. It is by now well settled by this Court in a catena of
decisions including the case of Raj Kumar vs. Ajay Kumar
reported in (2011) 1 SCC 343, in the case of permanent
disability, the compensation is usually awarded under the
following heads:
A. Pecuniary damages (Special Damages):
(i) Expenses relating to treatment, hospitalization,
medicines, transportation, nourishing food, and
miscellaneous expenditure;
(ii) Loss of earnings (and other gains) which the
injured would have made had he not been
injured, comprising:
(a) Loss of earning during the period of
treatment;
(b) Loss of future earnings on account of
permanent disability.
(iii) Future medical expenses.
B. Non-pecuniary damages (General Damages)
(iv) Damages for pain, suffering and trauma as a
consequence of the injuries;
5
(v) Loss of amenities (and/or loss of prospects of
marriage);
(vi) Loss of expectation of life (shortening of normal
longevity)
8. The record reveals that the Tribunal has made a note
while recording the deposition of the claimant about the
seriousness of the injuries sustained by the claimant. The
observation of the Tribunal reads thus:
“At this stage I have seen the right arm i.e. right
upper limb which is almost completely in a damaged
condition and skin is not visible properly from elbow
onward till shoulder and there seems to be some
muscle loss.”
The record also reveals that the claimant was
unconscious for a couple of days in the hospital and he was
operated by the doctor at Jamnagar hospital. According to the
appellant, he has spent an amount of Rs.3,00,000/- (Rupees
Three Lacs only) at Jamnagar hospital. Thereafter, he has
taken the assistance of Dr. O.P.Miglani at Karnal for getting the
dressing done every day. The disability certificate is Ex. P1
and the treatment certificate issued by the hospital is Ex. P9.
Due to the injuries sustained, the appellant has lost strength
6
and flexibility in his right arm and he cannot lift the weight.
The appellant cannot raise the arm beyond the level of 90
degree and he cannot drive the vehicle as his arm is not as
strong as it was before the accident. The appellant had
completed six and half months training prior to the incident.
When the ship had halted at Jamnagar for ten days, he took
casual leave for seven days to go to Karnal for applying fresh
passport, during which time the accident occurred. After
completion of his 10+2, the appellant had passed Diploma in
Applied Research International, New Delhi which is a condition
precedent for joining Merchant Navy. The appellant had also
passed Diploma in Personal Safety and Social Responsibilities,
Oil Tanker Familiarization, Elementary First Aid, Personal
Survival Techniques, Fire Prevention and Fire Fighting(all are
related to sea courses) for Dec Cadet and thereafter he joined
Binniship Management Company as Dec Cadet. The record
further reveals that the appellant has to undergo one more
surgery i.e. plastic surgery at Mumbai inasmuch as such facility
is not available in his native place at Karnal. According to the
7
appellant, the said surgery may cost him rupees three to four
lacs.
9. Having regard to the afore-mentioned material on
record and keeping in mind that the future of the appellant has
become bleak, so also his marriage prospects are reduced to
greater extent, in our considered opinion, the compensation
awarded to the appellant needs to be enhanced to certain
extent.
The appellant, as mentioned supra, has spent about
rupees three lacs for treatment, hospitalization, medicines,
transportation, nourishing food and miscellaneous expenditure
during the course of treatment. He lost his earnings during the
course of treatment, i.e., at least for a period of four months.
He has also lost his future earnings since he may not be able
to do the job as before and he cannot join Merchant Navy.
Even, it would be very difficult for him to get an alternate job
easily, particularly in view of 50% permanent disability to his
right arm. Thus, the appellant is awarded Rs.10,00,000/-
(Rupees Ten Lacs only) on account of the expenses relating to
treatment, hospitalization, medicines etc, loss of earnings
during the course of treatment and loss of future earnings on
8
account of permanent disability. The appellant is awarded
Rs.3,00,000/- (Rupees Three Lacs only) for future medical
expenses. The appellant must have suffered pain, agony and
trauma as a consequence of injuries. The Court can take
judicial notice of the fact that he may not have bright future as
before. He was just 22 years of age at the time of accident and
was unmarried. It is unfortunate that he had to suffer at this
young age when he was thinking of his bright future life.
Having regard to the material on record, we award
Rs.3,00,000/-(Rupees Three Lacs only) towards pain, agony and
trauma as a consequence of injuries, and Rs.3,00,000/-(Rupees
Three Lacs only) towards loss of amenities(including loss of
prospects of marriage) and Rs.3,00,000/-(Rupees Three Lacs
only) towards loss of expectation of life.
10. Thus, on all counts, the appellant is awarded, in total,
a compensation of Rs.22,00,000/-(Rupees Twenty Two Lacs
only), instead of Rs.8,80,000/-(Rupees Eight Lacs Eighty
Thousand only) awarded by the High Court, along with uniform
rate of interest @ 8% per annum from the date of filing of the
claim petition before the Motor Accident Claims Tribunal till
9
its realization. It is also directed that the payment of
compensation with interest shall be made to the appellant
within three months from today. Needless to mention that any
amount, if already paid, shall be adjusted. The findings of the
Motor Accident Claims Tribunal and the High Court regarding
composite negligence and liability to pay will remain
undisturbed.
11. The instant appeal is accordingly allowed to the
aforesaid extent. There shall be no order as to costs.
……………………………………….J.
[S.A. BOBDE]
………………………………………..J.
[MOHAN M. SHANTANAGOUDAR]
NEW DELHI;
NOVEMBER 06, 2017.
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