The Supreme Court of India.
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New Delhi: The Supreme Court has said that a rough calculation made by a claimant cannot be a bar or the upper limit for compensation in accident cases as it enhanced compensation to a man from Rs 30.99 lakh to Rs 52.31 lakh for having suffered 100 per cent functional disability due to injuries sustained in a road mishap in Odisha.
A bench of Justices J K Maheshwari and Rajesh Bindal pointed out it is a settled proportion of law that the amount of compensation claimed is not a bar for the Motor Accident Claims Tribunal and the High Court to award more than what is claimed, provided it is found to be just and reasonable.
In a judgment on October 15, the top court did not agree to a plea made by the insurance company that the appellant Chandramani Nanda had initially claimed a sum of Rs 30 lakh which was already awarded to him by the High Court, and no further enhancement would be possible.
"We cannot accept this argument and it is duly rejected... It is the duty of the court to assess fair compensation. Rough calculation made by the claimant is not a bar or the upper limit," the bench said.
On January 16, 2014, four persons travelling from Sambalpur, Odisha to Cuttack in a car met with an accident with a bus, resulting into the death of one occupant from the four-wheeler while three other sustained injuries. All of them filed separate compensation claim petitions under the Motor Vehicles Act.
The appellant, aged 32 years, who had to undergo brain surgeries, was found to have suffered from 60 per cent disability. The Tribunal awarded him a compensation of Rs 20,60,385, which was enhanced to Rs 30,99,873 by the High Court.
After an appeal filed by the injured appellant, the court raised the compensation amount to Rs 52.31 lakh.
In the case, the bench enhanced the compensation on several heads including assessment of his income, future attendant charges and loss of marriage prospects.