Calcutta High Court: In an appeal for enhancement of compensation for non-pecuniary damages and medical expenses, a single-judge bench comprising of Ajay Kumar Gupta,* J., awarded Rs. 1 lakh for medical expenses and an additional Rs. 1 lakh for pain, suffering, trauma, and loss of life expectations to the victim-appellant. Therefore, the total enhanced compensation amount awarded to the victim was Rs. 2,00,000/-.
Brief Facts
The victim challenged the judgment and award dated 16-01-2008, issued by the Motor Accident Claims Tribunal. The Tribunal awarded Rs. 60,000 for medical expenses and Rs. 10,000 for pain and suffering, totaling Rs. 70,000, in favor of the victim.
The case arose from a road accident on December 28, 2001. The victim was riding a motorcycle when a speeding truck negligently collided with him. This resulted in severe injuries, and he received medical treatment in various hospitals for an extended period.
The victim sought enhancement of compensation for non-pecuniary damages and medical expenses, contending that the treatment cost far exceeded the awarded amount. The victim also suffered significant disability due to the amputation of his right hand.
Moot Point
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Whether the Tribunal correctly assessed the compensation for medical expenses and pain and suffering?
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Whether the victim is entitled to enhanced compensation due to the severity of the injuries and disability?
Parties’ Contentions
The victim contended that the Tribunal erred in awarding only Rs. 60,000 for medical expenses and Rs. 10,000 for pain and suffering, as the actual medical expenses exceeded Rs. 2 lakhs. It was contended that the victim suffered a 55% permanent personal disability due to the amputation of his right hand, which warranted higher compensation.
The respondent contended that the victim, a government teacher, did not suffer a loss of earnings or future earning capacity, as he resumed work after treatment. It was contended that the appellant failed to provide sufficient evidence, such as medical receipts, to support the claim of higher medical expenses. It was further contended that the Tribunal’s assessment of Rs. 60,000 for medical expenses and Rs. 10,000 for pain and suffering was reasonable.
Court’s Assessment
The victim filed a compensation claim under Section 166 of the Motor Vehicles Act and requested Rs. 3,50,000 plus interest. The court noted that the victim had proven his case.
The Court observed that both the truck driver and the motorcyclist were negligent, and the victim sustained injuries that required extensive treatment. The Court observed that the Tribunal correctly determined that the victim did not suffer pecuniary damages such as loss of earnings, as he returned to work after treatment, however, victim did experience significant pain, suffering, trauma, and loss of life expectations due to the amputation of his right hand and fingers. Therefore, the Tribunal’s assessment of Rs. 10,000 for pain and suffering appeared low given the nature of the injuries and disability.
The Court observed that the victim was treated at multiple hospitals and nursing homes for about three months, incurring substantial medical expenses. The Court opined that the victim’s amputation and deformity of the right hand would result in pain, suffering, inconvenience, hardship, discomfort, and mental stress, all of which warranted non-pecuniary damages.
“He suffered pain, injury, trauma and mental agony during the period of treatment and even after treatment he would suffer pain and suffering in future because his right hand and fingers were amputated and suffered deformity on his right hand. The person who works in any field if his right hand suffered deformity that will definitely affect inconvenience, hardship, discomfort, frustration and mental stress in his life.”
Relying on R.D. Hattangadi v. Pest Control (India) (P) Ltd., (1995) 1 SCC 551, the Court emphasized that compensation for non-pecuniary losses should be awarded based on objective standards, considering the severity of the injuries, the victim’s age, and the duration of treatment. In light of the nature of the victim’s injuries, the court determined that an increase in compensation was warranted.
Relying on the principles established in the case of R.D. Hattangadi (Supra), the Court allowed Rs. 1 lakh for medical expenses and Rs. 1 lakh for pain and suffering. The total compensation awarded to the victim amounted to Rs. 2,00,000, with interest at 6% per annum from the date of the claim application.
Court’s Decision
The Court directed the respondent 1, Oriental Insurance Company Ltd., to deposit the enhanced compensation amount of Rs. 1,30,000, along with the previously awarded Rs. 70,000, within four weeks. Upon deposit and verification of ad valorem Court fees, the court ordered the release of the amount to the appellant.
The judgment and award of the Tribunal were modified accordingly, and no costs were awarded.
[Ajit Kumar Karjee v. Oriental Ins. Co. Ltd., FMA 378 Of 2009, order dated 29-09-2023]
*Judgment by Justice Ajay Kumar Gupta
Advocates who appeared in this case :
Mr. Saidur Rahaman, Counsel for the Appellant
Mr. Parimal Kumar Pahari, Counsel for the Respondent
