The Supreme Court in a judgment delivered by a Division Bench comprising Justice N.V. Anjaria and Justice Atul S. Chandurkar, decided a civil appeal filed by a claimant who suffered grievous injuries in a motor accident.
The case stemmed from a collision on July 3, 2011, when the appellant, then 21 years old and travelling as a passenger in an Omni bus from Coimbatore to Chennai, sustained life-altering injuries after the bus crashed into a tamarind tree. He was rendered 100% permanently disabled and left in a vegetative state. Seeking redress, he filed a Motor Claim Original Petition (M.C.O.P.) under Section 166 of the Motor Vehicles Act, 1988, claiming ₹1 crore in compensation.The Motor Accidents Claims Tribunal (MACT) held the bus driver negligent and fixed liability on the insurer. By its award dated August 8, 2015, the Tribunal granted compensation of ₹67,83,866 under various heads, including medical expenses, loss of income, attendant charges, and future medical costs. However, on appeal, the Division Bench of the Madras High Court, by judgment dated August 16, 2022, reduced the award by nearly ₹19 lakh to ₹48,83,866, slashing amounts towards future medical expenses, attendant charges, and setting aside sums awarded for permanent disability, loss of amenities, and family pain and suffering.
Aggrieved, the claimant approached the Supreme Court. The Supreme Court held that the High Court was not justified in reducing the compensation granted by MACT and proceeded to restore and enhance the award. It granted ₹15 lakh towards future medical expenses, ₹10 lakh towards attendant charges, ₹3 lakh for loss of enjoyment of life, ₹3 lakh for family’s pain and suffering, and ₹5 lakh towards permanent disability, among other heads.The Court fixed the total compensation at ₹82,83,866, with interest at 7.5% per annum as directed by MACT, to be disbursed within four weeks.
Appearances:
For the Appellant : Adv. Ms. Harsha Tripathi
For the Respondents : Ms.Prerna Mehta Advs for insurance co -Mr. Nikhil Swami Adv. for vehicle owner