Indian Kanoon - Search engine for Indian Law

10. The accident had occurred on 18.07.2012 when the appellant- claimant was walking on the left side of the Kulgod-Gokak Road, Karnataka when a goods vehicle bearing No. KA-23/9426 dashed against the appellant-claimant, whilst being driven in a rash and negligent manner. In lieu of the same, the appellant-claimant sustained grievous injuries. The appellant-claimant was admitted to Lake View Hospital from 18.07.2012 to 06.08.2012 and was an indoor patient for 19 days. An amount of Rs.2,00,000/- had been spent towards his medical expenses. It was observed that there was a permanent physical disability of 45% of the whole body as certified by the doctor and further was a functional disability of 100% as the appellant-claimant is unable to continue with his vocation and unable to find any work in lieu of the accident.

14. It is submitted that this Court in Sanjay Kumar v. Ashok Kumar and Another, (2014) 5 SCC 330, was pleased to award compensation to the tune of Rs.75,000/- for loss of marriage prospects wherein the claimant was earning only a sum of Rs.3,500/- per month. Therefore, it would be reasonable to award compensation to the tune of Rs. 1,00,000/- for loss of marriage prospects to the appellant-claimant in the present matter.

15. The appellant suffers from paraplegia because of the accident and requires an attendant throughout the day and hence, Attendant charges of Rs.4,500/- per month ought to be awarded to the appellant, which has not been considered by the Tribunal as well as the High Court. The appellant is unable to stand, walk or sit and is unable to bend his body or lift any weights. It is pertinent to point out herein that the appellant as a consequence of his grievous injuries will not be able to work in the same manner as he used to prior to the accident and therefore, functional disability of the appellant ought to be considered as 100%.

********* ********* ********* 5.7. In K. Suresh v. New India Assurance Co. Ltd. (2012) 12 SCC 274, this Court held that: (SCC p. 279, para 10) “10. It is noteworthy to state that an adjudicating authority, while determining the quantum of compensation, has to keep in view the sufferings of the injured person which would include his inability to lead a full life, his incapacity to enjoy the normal amenities which he would have enjoyed but for the injuries and his ability to earn as much as he used to earn or could have earned. Hence, while computing compensation the approach of the Tribunal or a court has to be broad-based. Needless to say, it would involve some guesswork as there cannot be any mathematical exactitude or a precise formula to determine the quantum of compensation. In determination of compensation the  fundamental criterion of “just compensation” should be inhered.” ******** ********* ******** 5.9. In the present case, it is an admitted position that it is not possible for the appellant to get employed as a driver, or do any kind of manual labour, or engage in any agricultural operations whatsoever, for his sustenance. In such circumstances, the High Court has rightly assessed the appellant's functional disability at 100% insofar as his loss of earning capacity is concerned. The appellant is, therefore, awarded Rs 32,40,000 towards loss of earning capacity.”

“8. PW 3 had assessed the physical functional disability of the left leg of the appellant at 75% and total body disability at 37.5%. The High Court has considered it proper to assess the physical disability at 25% of the whole body only. There is no discussion for this reduction in percentage, much less any consideration of the nature of permanent functional disability suffered by the appellant. The extent of physical functional disability, in the facts of the case has to be considered in a manner so as to grant just and proper compensation to the appellant towards loss of future earning. The earning capacity of the appellant as on the date of the accident stands completely negated and not reduced. He has been rendered permanently incapable of working as a painter or do any manual work. Compensation for loss of future earning, therefore has to be proper and just to enable him to live a life of dignity and not compensation which is elusive. If the 75% physical disability has rendered the appellant permanently disabled from pursuing his normal vocation or any similar work, it is difficult to comprehend the grant of compensation to him in ratio to the disability to the whole body. The appellant is therefore held entitled to compensation for loss of future earning based on his 75% permanent physical functional disability recalculated with the salary of Rs 5,500 with multiplier of 14 at Rs 6,93,000.”