Case Note & Summary
The appeal arises from a motor accident claim where the appellant, a young doctor, suffered complete paraplegia after a tempo-trax hit his scooter. The Motor Accident Claims Tribunal awarded Rs. 8,85,000 with 12% interest. The appellant sought enhancement to Rs. 50,00,000. The Tribunal had found the driver negligent and assessed 100% loss of earning capacity. The appellant argued that the compensation was grossly inadequate given the need for lifelong attendant care, continuous medical treatment, special diet, and equipment. Medical evidence confirmed the gravity of injuries, including loss of bladder and bowel control, and the need for 24-hour nursing. The insurer opposed enhancement, citing decisions where lower awards were upheld. The only issue before the High Court was the quantum of compensation. The court examined the medical evidence in detail, noting the testimony of the orthopedic surgeon regarding the appellant's condition and future requirements. However, the judgment text provided ends abruptly before the court's final decision and directions. Therefore, the outcome of the appeal is not available from the given text.
Issue of Consideration
Quantum of compensation for a paraplegic victim in a motor accident claim.
Case Details
2011 LawText (BOM) (08) 84
First Appeal No. 717 of 1999
S.G. Deshmukh, Shreepad Deshmukh (Appellant), S.S. Vidyarthi (Respondent No.3)
Dr. Dattatraya Laxman Shinde
Nana Raghunath Hire, Pramod Jagatsingh Pardeshi, New India Assurance Company Limited
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Nature of Litigation
Appeal against the award of the Motor Accident Claims Tribunal seeking enhancement of compensation for injuries sustained in a motor vehicle accident.
Remedy Sought
The appellant sought enhancement of the compensation from Rs. 8,85,000 to Rs. 50,00,000.
Filing Reason
The appellant was dissatisfied with the quantum of compensation awarded by the Tribunal, which he considered grossly inadequate given the catastrophic nature of his injuries and lifelong care needs.
Previous Decisions
The Motor Accident Claims Tribunal awarded Rs. 8,85,000 with interest at 12% per annum, holding the driver of the tempo-trax negligent and finding 100% loss of earning capacity and 100% disability in the lower body.
Issues
Quantum of compensation for a paraplegic victim of a motor accident.
Submissions/Arguments
Appellant argued that the compensation for loss of income should be based on Rs. 8,000/month with a multiplier of 18, that medical expenses exceeded Rs. 1,54,000, that a 24-hour attendant at Rs. 400/day is needed, and that the awards for pain and suffering, loss of amenities, and future treatment were grossly inadequate. Relied on Nizam's Institute of Medical Sciences v. Prasanth S. Dhananka and New India Assurance v. Shweta Dilip Mehta.
Respondent No.3 (insurer) argued that the compensation granted was reasonable and relied on cases like Divisional Controller, KSRTC v. Mahadeva Shetty, Nagesha v. M.S. Krishna, and Nandkumar Vishnu Narkar v. MSRTC, where lower or similar awards were upheld.
Judgment Excerpts
The Appellant met with an accident on 15th December, 1993. He met with an accident when he was about 25 and half years old and by that time, he had acquired qualification of Bachelor of Ayurvedic Medicine (B.A.M.S.).
As a result of fracture to 12th thoracic vertibra, He suffered from complete paraplegia both motor and sensory below thoracic 12 with complete bladder and bowel involvement.
The Tribunal recorded a finding that the accident occurred only due to negligence on the part of the driver of the tempo – Trax.
The Tribunal found that the Appellant suffered 100% loss of earning capacity and there was a disability of 100% in respect of the lower half portion of his body.
This is a case of 100% loss of earning capacity at the age of 25 years.
compensation of Rs. 1,00,000/ each awarded on account of pain and suffering and loss of amenities of the life is extremely on the lower side.
Dr.Joshi deposed that the Appellant will need continuous medication which will require substantial amount.
the only issue which survives for consideration is regarding the quantum of compensation.
The patient is chair bound and it left for wheel chair ambulation.
They require passive physiotheraphy for both the lower limbs.
the Appellant will require one or two trained nursing person/s for 24 hours.
Nursing charges will be Rs.200/ for 12 hours.
In India there was no facility to get total spinal rehabilitation in case of such types of patients.
Procedural History
The claim petition was filed before the Motor Accident Claims Tribunal, which partly allowed the claim by awarding Rs. 8,85,000 with 12% interest per annum. The appellant, dissatisfied with the quantum, filed First Appeal No. 717 of 1999 before the High Court of Judicature at Bombay. The submissions were heard on 14th July 2011, and judgment was pronounced on 8th August 2011, but the available text of the judgment is incomplete and does not contain the final decision.
Acts & Sections
- Motor Vehicles Act, 1988:
