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Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2078 OF 2015 (ARISING OUT OF SLP (CIVIL) NO.20977 OF 2014)

New India Assurance Co. Ltd. ... APPELLANT

VERSUS

Dr. Sukanta Kumar Behera & Ors.       ...RESPONDENTS

J U D G M E N T

Arun Mishra, J.

1. Leave granted.

2. The appeal has been preferred by the insurer against  

the  order  dated  9.5.2014,  passed  by  the  High  Court  of  

Orissa  at  Cuttack  in  M.A.C.A.  No.576  of  2008  awarding  

compensation  of  Rs.55,00,000/-  to  the  respondent,  Dr.  

Sukanta  Kumar  Behera  for  the  injuries  sustained  and  

permanent disability incurred by him in the accident dated  

9.9.2001. The Claims Tribunal had awarded compensation  

of Rs.4,01,414/-.

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3. The appellant was working as Senior Medical Officer  

in  Bhilai  Steel  Plant.   He  met  with  an  accident  and  

ultimately due to permanent disability incurred by him, his  

services were terminated on 29.8.2007. He incurred 60%  

permanent disability owing to various injuries sustained in  

the accident.  The question to be considered is whether the  

High  Court  is  justified  in  awarding  compensation  of  

Rs.55,00,000/-  without  any  discussion  and  computation.  

The  approach  of  the  High  Court  cannot  be  said  to  be  

justified  in  such  cases  of  injury.  It  is  necessary  to  make  

computation of compensation to be awarded on account of  

pecuniary and non-pecuniary heads.

4. The claimant suffered fracture in the right forearm,  

right  femur  neck,  fracture  of  right  radius  midshaft  and  

fracture  of  right  ulnar  midshaft  in  the  right  hand  and  

grievous fracture of tebia in the left leg.  His cervical spinal  

cord was also injured.  He also suffered grievous abdomen  

injury for which he had to be operated.  Besides, he also  

suffered injury in the chest.  

5. He  was  admitted  in  various  hospitals  as  indoor  

patient. Firstly from 9.9.2001 to 24.9.2001, he was treated

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in SCB Medical College and Hospital, Cuttack where his left  

leg was operated, operation of abdomen, traction of right  

leg was done and a slab was put in right hand.  Secondly,  

he was treated in Shanti Hospital, Cuttack, from 24.9.2001  

to 30.9.2001 where he was operated upon for implanting  

two steel plates in right leg.  Thirdly, he was admitted in  

Kalinga  Hospital,  Bhubaneswar,  for  treatment  from  

1.10.2001 to  15.10.2001 for  abdominal  surgery  in  which  

considerable part of his stomach and large intestine was  

removed to save his life.  Thereafter, he was admitted in  

C.M.C. Hospital, Vellore as indoor patient from 16.10.2001  

to 25.5.2002 for 7-1/2 months and again in the month of  

February  2004  he  was  admitted  there  for  a  period  of  8  

days.  At Vellore in CMC Hospital,  several surgeries were  

performed, besides bone grafting in left leg and removal of  

implanted  right  femur  due  to  infection  and  discharging  

sinus.  The amount spent by him at Vellore CMC Hospital  

towards  treatment  and  medical  expenditure  was  

reimbursed to the extent of Rs.10,72,013/-.

6. As  per  Dr.  R.K.  Pandey,  the  claimant  Dr.  Sukanta  

Kumar  Behera  sustained  injuries  resulting  into  60%

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permanent disability.  In future, treatment of left ankle, foot  

drop  and  right  hip  replacement  surgery  may  also  be  

required.  It is also apparent that due to removal of large  

part of intestine the claimant will have to remain on special  

diet and his digestion capacity has been declined to a great  

extent due to abdominal surgery for rest of his life.  It is  

also apparent that he had also suffered grievous injuries  

resulting into 60% permanent disability besides one inch  

shortening of right limb.  

7. The  insurer  company  has  contended  that  claimant  

was getting Rs.23,000/- per month at the time of accident.  

It appears that he was getting non-practitioner allowance  

also in addition to the salary.  It would be appropriate to  

take his salary at Rs.25,000/- per month.  Considering the  

fact that 60% permanent disability has been incurred and  

considering  over  all  injuries  caused,  there  is  a  loss  of  

working   capacity  to  the  said  extent.  Monthly  loss  of  

earning capacity comes to Rs.15,000/-.  Multiplier of 16 is  

applicable at the age of 36 years.  Expenditure must have  

been  incurred  in  8  days  when  claimant  was  treated  in  

Shanti  Hospital  when surgery of right leg was performed

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and  two  plates  were  inserted  which  we  quantify  at  

Rs.20,000/-.   There was loss  of  earning during course of  

treatment  which  has  been  determined  by  the  Claims  

Tribunal  and medical  expenditure in  SCB Medical  College  

and Hospital, Cuttack comes to Rs.66,566/-.  Compensation  

for  pain  and suffering,  expenditure  on  attendant  and on  

special  diet  has  also  to  be awarded.   The compensation  

after deducting medical reimbursement already received, is  

awarded in the following manner :

Description Amount (Rs.)

For loss of earning capacity due  to permanent disability  (Rs.15,000 x 12 x 16) 28,80,000/-

Loss of salary during treatment  in the year 2001-2002  2,14,848/-

Expenditure incurred in SCB  Medical College & Hospital, Cuttack     66,566/-

Expenditure incurred in Shanti  Hospital     20,000/-

Physical pain and sufferings  2,00,000/-

Expenditure incurred on attendant  for 9 months during treatment     90,000/-

Special diet     28,500/- ....................

Grand Total: 34,99,914/-

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rounded off   35,00,000/- ......................

Accordingly,  the  appeal  is  allowed  in  part.  

Compensation  amount  of  Rs.35,00,000/-  (Rupees  Thirty  

Five  lacs  only)  is  awarded  to  the  claimant  along  with  

interest at the rate of 6% per annum with effect from the  

date of filing of claim petition.  The said amount be paid  

within a period of two months from today.  No costs.

.........................................J.                                                         (RANJAN GOGOI)

........................................J.                                                        (ARUN MISHRA) New Delhi, February 20, 2015.