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                   NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.__17998_____OF 2017 (Arising from SLP (C) No.4841/2016)

Ankur Kapoor ..Appellant

Versus

Oriental Insurance Co. Ltd.       ..Respondent

J U D G M E N T

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. The  appellant  has  sought  enhancement  of

compensation by filing this appeal, questioning the judgment

dated  31.10.2015  passed  by  the  High  Court  of  Punjab  and

Haryana at Chandigarh in FAO No. 3218 of 2003 (O&M).

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3. Facts leading to this appeal are as under:

In the accident that occurred at about 10.30 p.m.  on

21.3.2000 at Jamnagar, the appellant sustained grievous injury

to his right arm which resulted in permanent disability to the

extent  of  50%  to  his  right  arm.   Since  the  appellant  was

immediately admitted to the hospital at Jamnagar his life was

saved;   the appellant remained as in-patient in the hospital

from  21.03.2000  to  31.05.2000  and  had  undergone  several

surgeries.   It  is  the  case  of  the  appellant  that  even  after

discharge  from  the  hospital  at  Jamnagar,  he  was  taking

treatment at Karnal as out-patient.  At the time of accident,

the appellant was “Dec Cadet trainee” of Merchant Navy in the

Binnyship Management Company Ltd. and as a trainee, he was

getting fifty US dollars per month as salary, apart from free

boarding and lodging.  It was the claim of the appellant that he

would have become “third Officer” after 18 months  and the

said post was attached with the salary of 1500 US dollars per

month.   According  to  the  appellant,  he  would  have  then

become “Chief Officer” within three years and then “Captain”

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of the ship after about eight years of the service, but as a result

of accident and as a result of permanent disability to the right

arm of the appellant, he has not only lost his job in Binnyship

Management Company Ltd.  but he has become unfit for the

Merchant Navy.  He alleges that his future career  is ruined,

apart from sustaining heavy financial loss.

4. The Motor Accident Claims Tribunal, Karnal awarded

compensation  of  Rs.6,60,000/-  (Rupees  Six  Lacs  Sixty

Thousand only)  along with  9% interest  per  annum from the

date of filing the claim petition to the appellant.   

5. Dissatisfied with the quantum of compensation, the

appellant approached the High Court of Punjab and Haryana at

Chandigarh seeking enhancement of compensation.  The High

Court  has  enhanced  the  compensation  by  Rs.2,20,000/-

(Rupees Two Lacs Twenty Thousand only) along with interest @

6% per annum,  which means the appellant has been awarded a

total compensation of Rs.8,80,000/- along with interest.   As

mentioned  supra,  this  appeal  is  filed  praying  for  further

enhancement of compensation.

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6. The  Tribunal  as  well  as  the  High  Court  have  not

quantified the compensation under separate heads,  which in

our  considered  opinion  has  resulted  in  grant  of  lesser

compensation.

7. It is by now well settled by this Court in a catena of

decisions  including  the  case  of  Raj  Kumar  vs.  Ajay  Kumar

reported  in  (2011)  1  SCC  343,  in  the  case  of  permanent

disability,  the  compensation  is  usually  awarded  under  the

following heads:

A. Pecuniary damages (Special Damages):

(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure;

(ii) Loss  of  earnings  (and  other  gains)  which  the injured  would  have  made  had  he  not  been injured, comprising:

(a)  Loss  of  earning  during  the  period  of treatment;

(b)Loss  of  future  earnings  on  account  of permanent disability.

(iii) Future medical expenses.

B. Non-pecuniary damages (General Damages)

(iv) Damages  for  pain,  suffering  and  trauma  as  a consequence of the injuries;

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(v) Loss  of  amenities  (and/or  loss  of  prospects  of marriage);

(vi) Loss of expectation of life (shortening of normal longevity)

8. The record reveals that the Tribunal has made a note

while  recording  the  deposition  of  the  claimant  about  the

seriousness  of  the  injuries  sustained  by  the  claimant.   The

observation of the Tribunal reads thus: “At  this  stage I  have seen the  right  arm i.e.  right upper limb which is almost completely in a damaged condition and skin is not visible properly from elbow onward  till  shoulder  and  there  seems  to  be  some muscle loss.”

The  record  also  reveals  that  the  claimant  was

unconscious for a couple of days in the hospital  and he was

operated by the doctor at Jamnagar hospital.  According to the

appellant,  he has spent an amount of  Rs.3,00,000/-  (Rupees

Three  Lacs  only)  at  Jamnagar  hospital.   Thereafter,  he  has

taken the assistance of Dr. O.P.Miglani at Karnal for getting the

dressing done every day.  The disability certificate is Ex. P1

and the treatment certificate issued by the hospital is Ex. P9.

Due to the injuries sustained, the appellant has lost strength

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and flexibility in his right arm and he cannot lift the weight.

The  appellant  cannot  raise  the  arm beyond  the  level  of  90

degree and he cannot drive the vehicle as his arm is not as

strong  as  it  was  before  the  accident.   The  appellant  had

completed six and half months training prior to the incident.

When the ship had halted at Jamnagar for ten days, he took

casual leave for seven days to go to Karnal for applying fresh

passport,  during  which  time  the  accident  occurred.   After

completion of his 10+2, the appellant had passed Diploma in

Applied Research International, New Delhi which is a condition

precedent for joining Merchant Navy.  The appellant had also

passed Diploma in Personal Safety and Social Responsibilities,

Oil  Tanker  Familiarization,  Elementary  First  Aid,  Personal

Survival Techniques, Fire Prevention and Fire Fighting(all are

related to sea courses) for Dec Cadet and thereafter he joined

Binniship  Management  Company  as  Dec  Cadet.   The  record

further  reveals that the appellant has to undergo one more

surgery i.e. plastic surgery at Mumbai inasmuch as such facility

is not available in his native place at Karnal.  According to the

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appellant, the said surgery may cost him rupees three to four

lacs. 9. Having  regard  to  the  afore-mentioned  material  on

record and keeping in mind that the future of the appellant has

become bleak,  so also his marriage prospects are reduced to

greater  extent,  in  our  considered opinion,  the compensation

awarded  to  the  appellant  needs  to  be  enhanced  to  certain

extent. The appellant, as mentioned supra, has spent about

rupees  three  lacs  for  treatment,  hospitalization,  medicines,

transportation, nourishing food and miscellaneous expenditure

during the course of treatment.  He lost his earnings during the

course of treatment, i.e., at least for a period of four months.

He has also lost  his future earnings since he may not be able

to  do  the  job  as  before  and  he  cannot  join  Merchant  Navy.

Even, it would be very difficult for him to get an alternate job

easily, particularly in view of 50% permanent disability to his

right  arm.   Thus,  the  appellant  is  awarded  Rs.10,00,000/-

(Rupees Ten Lacs only) on account of the expenses relating to

treatment,  hospitalization,  medicines  etc,  loss  of  earnings

during the course of treatment and loss of future earnings on

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account  of  permanent  disability.   The  appellant  is  awarded

Rs.3,00,000/-  (Rupees  Three  Lacs  only)  for  future  medical

expenses.  The appellant must have suffered pain, agony and

trauma  as  a  consequence  of  injuries.   The  Court  can  take

judicial notice of the fact that he may not have bright future as

before.  He was just 22 years of age at the time of accident  and

was unmarried.  It is unfortunate that he had to suffer at this

young  age  when  he  was  thinking  of  his  bright  future  life.

Having  regard  to  the  material  on  record,  we  award

Rs.3,00,000/-(Rupees Three Lacs only) towards pain, agony and

trauma as a consequence of injuries, and Rs.3,00,000/-(Rupees

Three  Lacs  only)  towards  loss  of  amenities(including  loss  of

prospects  of  marriage)  and  Rs.3,00,000/-(Rupees  Three  Lacs

only) towards loss of expectation of life.   10. Thus, on all counts, the appellant is awarded, in total,

a  compensation  of  Rs.22,00,000/-(Rupees  Twenty  Two  Lacs

only),  instead  of  Rs.8,80,000/-(Rupees  Eight  Lacs  Eighty

Thousand only) awarded by the High Court, along with uniform

rate of interest @ 8% per annum from the date of filing of the

claim petition before the Motor Accident Claims Tribunal till

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its  realization.   It  is  also  directed  that  the  payment  of

compensation  with  interest  shall  be  made  to  the  appellant

within three months from today.  Needless to mention that any

amount, if already paid, shall be adjusted.  The findings of the

Motor Accident Claims Tribunal and the High Court regarding

composite  negligence  and  liability  to  pay  will  remain

undisturbed. 11. The  instant  appeal  is  accordingly  allowed  to  the

aforesaid extent.   There shall be no order as to costs.

……………………………………….J. [S.A. BOBDE]

………………………………………..J. [MOHAN M. SHANTANAGOUDAR]

NEW DELHI; NOVEMBER  06, 2017.