Supreme Court - Daily Orders
Rajan vs Anil Varghese on 2 December, 2022
Bench: A.S. Bopanna, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8988 OF 2022
(Arising out of SLP (C) No. 18644 of 2018)
RAJAN Petitioner(s)
VERSUS
ANIL VARGHESE & ANR. Respondent(s)
J U D G M E N T
Leave granted.
2 The appellant is before this Court seeking enhancement of compensation as against the sum of Rs.25,13,995/- awarded by the High Court through its judgment dated 26.02.2018. At the first instance, the Motor Accident Claims Tribunal (for short `MACT’) having taken note of the evidence had awarded the compensation of Rs. 21,06,955/- through its award dated 10.12.2013. 3 The fact remains that the appellant had met with an accident on 04.06.2009 and due to the injuries suffered, both his lower limbs had to be amputated. It is in that light, the appellant had sought compensation contending that his disability should be reckoned at 100% per cent since he was employed as a cook at the time of accident and he would not be in a position to undertake the said avocation.
4 The MACT at the first instance, while considering this Signature Not Verified aspect of the matter has accepted the disability to be at 100%. Digitally signed by Rajni Mukhi Date: 2022.12.06 16:43:44 IST Reason: However, while awarding the compensation had reckoned the salary 1 at Rs. 4,000/- which was on the lower side. The High Court no doubt, has reckoned the salary at Rs. 7,500/- per month and enhanced the compensation but reduced the disability to 70%. 5 The learned counsel for the appellant contends that the salary as reckoned is still on the lower side since the appellant was working as a cook and being aged around 44 years, had sufficient experience and therefore was earning around Rs. 10,000/- per month. He contends that disability at 100% taken by MACT be restored. It is also contended that the future medical expenses and attendant allowance needs enhancement. 6 Needless to mention that in a fact of the present nature, it would be difficult to expect any documentary evidence to establish the salary though there is no doubt about his avocation. Hence, an overall view of the matter is to be taken. keeping in view the nature of employment as a cook who are in demand, to assess the daily earning at around Rs.300/- would not be excessive or exorbitant,rather, it is a conservative estimate in the facts of the present case. Therefore, in that circumstance,we find it appropriate to reckon the monthly salary of Rs.9,000/- as it would depend on case to case. 25% of the said amount is to be added to the same as future prospects and as such total would be Rs.11,250/-. The said amount will have to be taken on the annual basis and the appellant being 44 years, the multiplier of `14‘ is required to be applied. If that is done, the compensation on the head of loss of future earning at 100% would be in a sum of Rs.18,90,000/-. In the instant facts, being a cook, having lost both his legs, he cannot do that job 2 as he does not have the ability to stand without support or the ability to move about. Further, he will not be able to undertake any manual labour. Hence, the MACT was justified and we hold the disability at 100%. Since, the High Court has awarded a sum of Rs.8,82,000/- on the said head, the balance amount of Rs.10,08,000/- is payable as enhancement. 7 Further, taking note of the nature of injury and the assistance that he would require in his daily chores, a sum of Rs.50,000/- is awarded on the said head towards attendant charges. In addition to the same, for the contingency of future medical expenses, a sum of Rs. 50,000/- is awarded. Hence, in all, the appellant is entitled to the enhanced compensation of Rs.11,08,000/- which shall be paid with interest @7.5% per annum. The insurance company shall deposit the same in six weeks from the date of receipt of a copy of this judgment before the MACT, whereupon the said amount shall be disbursed to the claimant.
8. The appeal is accordingly, allowed to that extent, in the above terms.
……………………………………………J. [A.S. BOPANNA] ……….……………………………………….J. [HIMA KOHLI] NEW DELHI;
DECEMBER 02, 2022
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ITEM NO.48 COURT NO.13 SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.18644/2018 (Arising out of impugned final judgment and order dated 26-02- 2018 in MACA No. 1093/2014 passed by the High Court of Kerala at Ernakulam) RAJAN Petitioner(s) VERSUS ANIL VARGHESE & ANR. Respondent(s) (IA No. 68434/2020 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 68435/2020 - EXEMPTION FROM PAYING COURT FEE, IA No. 68430/2020
- PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 02-12-2022 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Thomas P. Joseph, Sr. Adv.
Mr. James P. Thomas, AOR Mr. Bijo Madhav Joy, Adv. D. Thomas, Adv.
Md. Apzal Ansari, Adv.
For Respondent(s) Mr. Amit Kumar Singh, AOR Mrs. K. Enatoli Sema, Adv. Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv.
UPON hearing the counsel the Court made the following O R D E R Application for exemption from paying court fee is rejected.
Leave granted.
The appeal is allowed in terms of the signed order. Pending application(s) shall stand disposed of.
(RAJNI MUKHI) (DIPTI KHURANA)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)
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