SC awards Rs 62.35 lakh to ex-Merchant Navy personnel for suffering amputation of right hand, injuries in road mishap

A bench of Justices M R Shah and Krishna Murari modified the judgement of the Punjab & Haryana HC on an appeal filed by Ramesh

The Supreme Court on Friday awarded an ex-Merchant Navy personnel a compensation of Rs 62.35 lakh with 7.5 per cent annual interest, 25 years after he suffered amputation of right hand and sustained other injuries in a road mishap.

A bench of Justices M R Shah and Krishna Murari modified the judgement of the Punjab and Haryana High Court on an appeal filed by Ramesh.

The High Court had enhanced compensation to him to Rs 14.82 lakh from just Rs 6.68 lakh computed by the Motor Accident Claims Tribunal as total sum for him under different heads, including the expenses covering medicine, treatment, special diet, pain, shock and suffering and future loss of income.

The top court noted the High Court while awarding the future economic loss considered the loss of income at Rs 18,000 per month. This amount was raised to Rs 30,000 per month by the top court.

"It is required to be noted that the appellant was serving as Merchant Navy and his salary at the relevant time was $1000. His right hand below elbow was amputated resulting in 70 per cent disability," the bench said.

Frowning upon the HC's observations that the claimant can still earn something, the bench said, "He will not be able to do any work in Merchant Navy. The High Court also observed that in Merchant Navy, usually the job is for six months in a year. The said observation is absolutely without any basis. It cannot be said that he would do nothing for rest of six months."

The bench also pointed out the High Court also did not consider the rise of income in future. The top court further awarded Rs 4 lakh to the appellant towards pain, shock, and suffering.

In his plea, the appellant claimed, at the time of accident, he was getting $1000 as salary in Merchant Navy at Belgium, excluding free food, accommodation, and free air ticket. He claimed compensation of Rs 1.02 crore under different heads.