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Civil Appeal No. 8943 of 2011 (Arising out of S.L.P. (C) No. 25372 of 2005). Case: Ibrahim Vs Raju and Ors.. Supreme Court (India)

Judgment Cited in 15 Precedent Map Related
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Case NumberCivil Appeal No. 8943 of 2011 (Arising out of S.L.P. (C) No. 25372 of 2005)
CounselFor Appellant: Dr. Sushil Balwada, Adv. and For Respondents: S.L. Gupta, Adv.
JudgesG.S. Singhvi and Asok Kumar Ganguly, JJ.
IssueMotor Vehicles Act, 1988 - Sections 158(6), 166, 166(4), 173; Administration of Justice (Miscellaneous Provisions) Act, 1933 - Section 6; Motor Vehicles Act, 1939; Consumer Protection Act, 1986
CitationAIR 2012 SC 534, 2012 (1) AllMR 916, 2012 (1) AWC 213 SC, JT 2011 (13) SC 90, 2012 (2) MLJ 250 (SC), 2012 (167) PLR 102, 2011 (4) RCR 863 (Civil), 2011 (2) SCALE 297, 2012 (1) TAC 22, 2011 (2) UD 487, 2011 (6) UJ 4145
Judgement DateOctober 31, 2011
CourtSupreme Court (India)

Judgment:

G.S. Singhvi, J.

  1. Delay condoned.

  2. Leave granted.

  3. Feeling dissatisfied with the enhancement granted by the High Court in the amount of compensation awarded by 2nd Additional Motor Accident Claims Tribunal, Karwar (for short, `the Tribunal'), the appellant has filed this appeal.

  4. The Appellant sustained serious injuries on the head, nose, back and lower region of abdomen including the pelvic region when the tempo in which he was travelling met with an accident on 23.4.2000. He was taken to Vijayashree Orthopaedic Centre for first aid and was then shifted to Kasturba Hospital, Manipal. He remained in the hospital from 23.04.2000 to 05.06.2000.

  5. The Appellant filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, `the Act') and claimed compensation of Rs. 3,00,000/- with interest and cost. He pleaded that the accident was caused due to rash and negligent driving of the tempo by its driver Shri Raju; that he had suffered serious injuries in the accident; that he remained in the hospital for almost one month and a half and had to spend more than Rs. 80,000/- towards medical treatment, conveyance and expenses of the attendants; that at the time of accident he was a student of Class 8 and on account of the injuries he was not in a position to continue his studies.

  6. The owner and the driver of the offending vehicle, who were impleaded as non-petitioners No. 1 and 2 did not contest the claim of the Appellant. However, the National Insurance Company, which was impleaded as non-petitioner No. 3 contested the claim by asserting that the accident was not caused due to rash and negligent driving of the tempo and that the Appellant was himself responsible for the accident.

  7. Two of the four issues framed by the Tribunal were whether the accident was caused due to rash and negligent driving of the tempo and whether the Appellant was entitled to compensation. After analysing the evidence produced by the parties, the Tribunal held that the accident was caused due to rash and negligent driving of the tempo. The Tribunal then referred to the statements of Dr. Anil K. Bhat, Assistant Professor of Orthopaedics, who issued disability certificate Exhibit P-140 and Dr. Joseph Thomas, Professor of Urology, who issued treatment certificate Exhibit P-141 (both the doctors were working in Kasturba Medical College and Hospital, Manipal) and awarded compensation to the Appellant under the following heads:

    1.

    Pain and suffering

    Rs.25,000/-

    2.

    Medical expenses

    Rs.20,340/-

    3

    Transportation

    Rs. 1,900/-

    4.

    Diet and attendant charges

    Rs.30,600/-

    5.

    Loss of future earning on account of disability

    Rs.21,600/-

    6.

    Decline in the prospects of marriage

    Rs.50,000/

    Total

    Rs.1,49,440/-

  8. The High Court partly allowed the appeal filed by the Appellant under Section 173 of the Act and enhanced the amount of compensation by a sum of Rs. 40,000/-.

  9. The Appellant has questioned the impugned judgment mainly on the ground that while determining the amount of compensation, the Tribunal and the learned Single Judge of the High Court overlooked the parameters and principles laid down by this Court and did not take into consideration the expenses likely to be incurred by him for future treatment and the loss of amenities and enjoyment of life.

  10. We have heard Learned Counsel for the parties and carefully perused the record. The sufferings of the dependents of those who are killed in motor accidents and the survivors who are disabled are manifold. Some time these can be measured in terms of money but most of the times it is not possible to do so. If an individual is disabled as a result of road accident, the cost of treatment, care and rehabilitation is likely to be very high. A very large number of people involved in motor accidents are pedestrians, children and women and, on account of sheer ignorance, poverty and other disabilities, majority of them are unable to engage competent lawyers for putting their cause before the Tribunals and the Courts. The insurance companies, with whom the vehicles involved in accidents are insured always have the advantage of assistance of legally trained mind (law officers and panel lawyers). They contest the claim petitions by raising all possible technical objections for ensuring that their clients are either completely absolved or their liability is minimized and in the process, adjudication of the claims filed by the victims and/or their legal representatives is delayed for years together. At times, the delay in disposal of the claim cases and litigation expenses make the award of compensation meaningless for survivors of the accidents and/or families of the victims. This Court has time and again emphasized that the officers, who preside over the Tribunals adopt a proactive approach and ensure that the claims filed under the...

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