Motor Accident
Compensation—Quantum—Compensation of Rs. 2,36,812/- awarded by Tribunal came to be affirmed by High Court—Appeal—Tribunal as well as High Court committed a serious error in assessing the disability for awarding compensation—Claimant has suffered 75% whole body disability—Claimant being a graduate and working as Marketing Executive, his plea of salary being Rs. 8,000/- p.m. deserves to be accepted, as it is within proximity of truth and same could not have been ignored by the Tribunal and the High Court on hyper technical grounds—Tribunal and the High Court fell in error in construing the income of the claimant at Rs.3,000/- p.m. instead of Rs.8,000/- p.m.—To this extent the award passed by the Tribunal and affirmed by the High Court requires to be modified and the compensation requires to be recomputed by taking into consideration salary certificate—Amount of Rs. 50,000/- awarded towards pain and suffering is on the lower side—Fact that claimant remained in hospital for ten days and was also in continuous treatment—Additional compensation of Rs. 50,000/- awarded under the head ‘pain and suffering’—Age of claimant as on the date accident was 24 years and appropriate multiplier as indicated in (2009) 6 SCC 121 deserves to be adopted—Prospects of appellant getting married would remain a dream and for loss of the same he has to be suitably awarded compensation—Amount of Rs. 50,000 awarded towards the “loss of marriage prospects”—Compensation under the head ‘Loss of earnings during laid up period’ would require to be recomputed—Compensation for four months @ Rs.8,000/- p.m. i.e. Rs.32,000/- awarded in substitution to the compensation awarded by the Tribunal—In the light of the compensation awarded towards ‘Loss of Future Income’ the sum of Rs. 60,000/- awarded by the Tribunal under the head ‘Permanent Disability’ and ‘Loss of Amenities in Future Life’ would not arise—Claimant would be entitled to Rs. 15,94,812—Compensation enhanced.
[Paras 8 to 13]