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Showing contexts for: paralysis in Sanjay Batham vs Munnalal Parihar & Ors on 1 November, 2011Matching Fragments
13. In the light of the above, we shall now consider whether the compensation awarded by the High Court is just and reasonable or the appellant is entitled to higher compensation.
14. It is not in dispute that at the time of accident, the appellant was earning Rs.50/- per day by doing the work as an unskilled labourer with Raj Gas Agency. It is also not in dispute that as a result of accident, the appellant suffered injuries on different parts of body including the head and after operation left portion of his body, i.e. left hand and left leg got paralyzed and as a result of that he will not be in a position to do the work which he was doing before the accident. In his deposition, Dr. N.D. Vayas, Head of Neurosurgery Department, J.A.H. Hospital, who treated the appellant before and after the operation, stated that left portion of the appellant's body was paralyzed but after treatment there was slight improvement in his condition. Dr. Vayas then gave out that the appellant will require further treatment for paralysis. The learned Single Judge, who had the occasion to see the appellant in the Court, found that he was not in a position to move his left hand and left leg. He assessed the disability to be 50% and enhanced the compensation awarded by the Tribunal. However, he committed an error by applying the multiplier of 16 ignoring that at the time of accident, the appellant's age was only 20 years. In Sarla Verma v. Delhi Transport Corporation (2009) 6 SCC 121, this Court has considered several issues including the application of correct multiplier and held :
16. The award made by the High Court for pain, suffering and trauma and in lieu of loss of the prospects of marriage is wholly inadequate. The appellant, who suffered paralysis on left part of the body will neither be able to work as a labourer nor he will be able to lead a normal life. His marriage prospects are also bleak. A normal girl will, in all probability, not like to marry a disabled person. Therefore, it is apposite to award reasonable and just compensation to the appellant for pain, suffering and trauma caused due to the accident and loss of amenities and enjoyment of life which, in our view, should be Rs.2 lacs.