The Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court on Monday said courts must take care to give full and fair compensation in road accident cases, as perfect compensation is hardly possible but one has to see that victim has suffered at the hands of the wrongdoer.
While enhancing compensation of an accident victim, who was rendered 60% permanently disabled due to injuries, a bench of Justices Sanjay Karol and Prasanna B Varale said it is a well accepted norm that money cannot substitute a life lost but an effort has to be made for grant of just compensation so far as money can compensate.
“Perfect compensation is hardly possible but one has to keep in mind that the victim has suffered at the hands of the wrongdoer and the court must take care to give him full and fair compensation for that he had suffered," the bench said.
The court felt in some cases for personal injury, the claim could be in respect of lifetime's earnings lost because, though he will live, he cannot earn his living. In others, the claim may be made for partial loss of earnings.
“Each case has to be considered in the light of its own facts and at the end, one must ask whether the sum awarded is a fair and reasonable sum,” the bench said.
The court enhanced the amount of compensation to be granted to the petitioner, Atul Tiwari to Rs 48,00,000 in toto.
Tiwari challenged the Madhya Pradesh High Court's order, which had only partially allowed his appeal by granting an enhancement in the compensation for loss of income from Rs 11,23,200, awarded by Motor Accidents Claims Tribunal, to Rs 27,21,600.
In the case, the court observed that the High Court has rightly adopted the settled position of law in assessing the notional income and subsequently enhancing the loss of income of the petitioner after considering his 60% disability. “However, the High Court has utterly failed in delving into the aspect of correctness of compensation granted under other heads by MACT,” the bench said.
On October 3, 2009, the petitioner, while was travelling to Panchmarhi with his friend on a motorcycle, met with an accident with a truck which was being driven on the wrong side and in a negligent manner.
He suffered various serious injuries including injuries to head, jaws, legs, knees, chest and ribs for which the petitioner was operated on three occasions.
The MACT granted him a compensation of Rs 19,43,800.