Sri Benson George v. Reliance General Insurance | Civil Appeal No. 1540 of 2022 |
FACTS– The claimant suffered from a vehicular accident, sustained grievous brain injuries, and underwent brain surgeries. As his income during the period was Rs. 4,59,425/- and he was aged 29 years calculation of compensation was done accordingly. The claim petition was filed in Motor Vehicles Claims tribunal in which they awarded compensation of Rs. 94,37,300/- and an interest of 9% p.a. from date of petition till realization. Feeling aggrieved by the judgement both the parties approached the High Court, where the appeal was partly allowed, and compensation was enhanced to Rs. 124,94,333/- i.e., the amount under the head of Pain and suffering and loss of future amenities and happiness was increased to Rs. 2,00,000/- and 1,00,000 respectively. But the rate of interest was reduced to 6% p.a. Feeling aggrieved with this judgement the claimant approached Supreme Court.
BEFORE SUPREME COURT OF INDIA- On behalf of claimant it was submitted that claimant sustained grievous injuries undergone hospitalization and presently in coma and bedridden therefore the High Court has errored in awarding Rs. 2,00,000/- only under the head of pain and suffering. It was submitted that due to his disability the claimant would have to live a miserable life and high court errored in only awarding Rs. 1,00,000/- as compensation under the head of loss of amenities and happiness.
RATIO & ORDER–
- For awarding compensation under the heads of pain and suffering and loss of amenities and happiness there cannot be a straight jacket formula it will depend on the facts and circumstances of each case, and it will vary from person to person who has suffered due to accident.
- For awarding compensation under the head of pain, shock, and suffering is concerned multiple factors are considered like-
- Prolonged hospitalization
- Grievous injuries sustained
- Number of operations underwent
- Consequent pain, discomfort and suffering
- Loss of amenities and happiness suffered by claimant and family members also depend upon various factors like position of claimant after accident i.e., whether he can enjoy his life as he did prior to the accident or not or to what extent he has lost the amenities in life and the happiness.
