Case Note & Summary
The claimant-appellant, Prakash Chand Sharma, was injured in a motor accident on 23 March 2014 when a Maruti Omni driven negligently on the wrong side hit his motorcycle. He suffered severe injuries including head trauma and a fractured right leg, leaving him in a comatose state with 100% permanent disability as assessed by a duly constituted Medical Board. The Motor Accident Claims Tribunal, Alwar, awarded compensation of Rs.16,29,465/- assessing disability at 50% and rejecting the Medical Board's opinion. On appeal, the Rajasthan High Court enhanced the compensation to Rs.19,39,418/- by adding 25% future prospects but maintained the 50% disability assessment. The claimant appealed to the Supreme Court. The Supreme Court held that the Medical Board's opinion of 100% disability must be accepted as it was not rebutted by any evidence or re-assessment ordered by the Tribunal. The Court recomputed compensation: loss of future income at 100% disability (Rs.24,79,620/-), future prospects at 25% (Rs.30,99,525/-), attendant charges at Rs.5,000 per month for 13 years (Rs.7,80,000/-), medical reimbursement (Rs.1,71,155/-), hospitalization expenses (Rs.18,500/-), physical and mental agony (Rs.2,00,000/-), and pain and suffering (Rs.6,00,000/-), totaling Rs.48,69,180/- rounded to Rs.48,70,000/- with 7% interest from the date of claim petition. The appeal was allowed.
Headnote
A) Motor Accident Compensation - 100% Permanent Disability - Medical Board Opinion - The Tribunal and High Court erred in substituting their own assessment of 50% disability over the Medical Board's expert opinion of 100% permanent disability, without ordering a re-assessment. Held that the opinion of the Medical Board, being an opinion of experts, must be accepted unless the Tribunal has reason to doubt it, in which case a re-assessment should be ordered. (Paras 8-9) B) Motor Accident Compensation - Attendant Charges - Computation - Following Kajal v. Jagdish Chand, (2020) 4 SCC 413, attendant charges are computed at Rs.5,000 per month for life expectancy (multiplier of 13), amounting to Rs.7,80,000. (Para 10) C) Motor Accident Compensation - Pain and Suffering - Enhancement - For a claimant in a comatose state with 100% disability, the compensation for pain and suffering is enhanced to Rs.6,00,000 in addition to Rs.2,00,000 for physical and mental agony, following K.S Murlidhar v. R. Subbulakshmi, 2024 SCC OnLine SC 3385. (Para 11) D) Motor Accident Compensation - Future Prospects - Entitlement - A claimant below 50 years of age is entitled to 25% future prospects on the loss of future income. (Para 5, 12)
Issue of Consideration
Whether the Tribunal and High Court erred in disregarding the Medical Board's assessment of 100% permanent disability and in awarding inadequate compensation under various heads including attendant charges and pain and suffering.
Final Decision
Appeal allowed. Compensation enhanced to Rs.48,70,000/- with interest @7% per annum from date of claim petition.
Law Points
- Motor Accident Compensation
- 100% Permanent Disability
- Medical Board Opinion
- Attendant Charges
- Pain and Suffering
- Future Prospects
- Multiplier Method
