What should be the amount of compassion in the cases where injured lost one of the limbs (amputation) or Permanent Disablement under motor vehicles Act:
Injury Case – Where injured has suffered 100% disability or
amputation.
In the case of Rajan v/s Soly Sebastian, reported in 2015 (10) SCC 506, Hon'ble Apex Court has held that when a professional like Driver suffers Permanent Partial Disability (100% functional disability), 50% enhancement for future prospect is required to be made.
In the case of Govind Yadav v/s National Insurance Com. Ltd.,
reported in 2012 (1) TAC 1 (SC) = 2012 ACJ 28 (SC) an active
practicing lawyer has become paraplegic on account of the injuries sustained by him, in the case of M.D. Jacob v/s United India Insurance Com. Ltd. 2014 ACJ 648 (SC) (FB) injured had experience of working as an Electrician and was employed as such and on account of several serious injuries sustained by him in the vehicular accident, including amputation of complete left hand, severe injuries in head, dislocation of bones in hip and both knees and severe injuries in foot and Doctor has assessed his disability at 100%, in the case of Sanjay Kumar v/s Ashok Kumar 2014 ACJ 653 (SC) =AIR 2014 SC (Supp) 1584 injured claimant
who was employed as a skilled embroiderer received injuries in a
roadside accident and due to injuries sustained, his right leg above the knee had to be amputated, and in the case of V. Mekala v/s. M. Malathi, reported in AIR 2014 SCW 2973 a minor girl studying in the 11th Standard holding first rank in her school sustained grievous injuries and has become a permanently disabled. Whereas in the case of Sanjay Verma v. Haryana Roadways, reported in AIR 2014 SC 995 (FB) injured who was a selfemployed person sustained vehicular injuries and has
become cent percent paralyzed. In the case of Jagdish v/s. Mohan, AIR 2018 SC 1347 (FB) = 2018 ACJ 1011 (SC) = 2018 (4) SCC 571 Hon’ble Full Bench of Supreme Court, in the case of Carpenter who lost one had in the accident has been awarded compensation calculated after taking into consideration future prospect. In all the above referred judgments, Hon'ble Apex Court has assessed the amount of compensation after taking into consideration future prospects of increase of income of the injured.
Also refer to AIR 2017 SC 2943 – Dixit Kumar vs. Om Prakash.
Injured a Security Officer – amputation of left leg SC granted future prospect – N. I. Ass. Com. V/s Gajendra Yadav 2017 ACJ 2834.
Injure a Labourer – amputation of Right hand SC granted future
prospect – Ankush v/s Hanmanta, 2017 ACJ 2878.
Claimant, a Carpenter (skilled) lost both the hands – future prospects plus Rs.2 lacs for PSS and loss of aminities and Rs.3 lacs for future medical expenses granted – Jagdish v/s. Mohan, AIR 2018 SC 1347 (FB).
Claimant, a Load Man – lost complete sensation below abdomen – 100% functional disability – 9% interest granted.
S. Thangaraj v/s NII Com, AIR 2018 SC 1439 (FB) = 2018 ACJ 1009 (SC), Claimant a professional Driver – amputation of right leg – SC granted future prospects – Mangla Ram v/s. OI Com, AIR 2018 SC 1900.
5.4.2. Hon'ble Apex Court in the cases of Govind Yadav v/s National Insurance Com. Ltd., reported in 2012 (1) TAC 1 (SC) = 2012 ACJ 28
(SC), M.D. Jacob v/s United India Insurance Com. Ltd. 2014 ACJ 648
(SC) (FB) and Sanjay Kumar v/s Ashok Kumar 2014 ACJ 653 (SC) has held that as the cost of living and cost of artificial limb (prosthetic) has substantially increased and, therefore, Rs.2,00,000/to be awarded under the said head. Rs.1,50,000/each to be awarded under the heads of pain, shock & sufferings and special diet, attendance & transportation and loss of amenities and enjoyment of life, respectively. And if injured is unmarried and his/her prospects for marriage have considerably reduced, Rs.1,00,000/may be awarded.
5.4.3. Relying on the ratio laid down in the case of Sanjay Verma
(supra) in the case of Parminder Singh v/s. New India Assurance Ltd.,
2019 (7) SCC 217, where the injured claimant suffered 100% functional disability, therefore, it has been held that even in the injury case claimant is entitled for compensation calculated on the basis of Future Loss of Income. Also see Lalan D. @ Lal v/s. O.I.Com., AIR 2020 SC 4508.
The Full Bench of the Hon'ble Supreme Court in the case of
Pappu Dev Yadav v/s. Naresh Kumar, AIR 2020 SC 4424, wherein the injured claimant, aged 20 years who was earning his livelihood by working as typist/data entry operator has suffered vehicular injuries and ultimately lost his arm, which has been assessed by Hon'ble Supreme Court as 65% physical permanent disability and, therefore, as held that claimant is entitled to get compensation calculated on the basis of loss of future prospect which 40% as he was 20 years of age at the time of accident. Hon'ble Supreme Court observed that when victim has sustained serious injuries resulting in permanent disablement, claimant is
entitled to get compensation calculated on the basis of loss of future prospect too.
The Full Bench of the Hon'ble Supreme Court in the case of
Erudhaya Priya v/s. Express Transport Corporation, AIR 2020 SC 4284, wherein the injured claimant and a software engineer, aged 23 years has suffered vehicular injuries and his disability is assessed as 31.1% permanent disability. Considering the nature of her injuries Hon'ble Supreme Court has held that claimant is entitled to get compensation calculated on the basis of loss of future prospect which 50% as he was 23 years of age at the time of accident. Hon'ble Supreme Court observed that when victim has sustained serious injuries resulting in permanent disablement, claimant is entitled to get compensation calculated on the basis of loss of future prospect too.
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