Case Note & Summary
The appellant, a housewife, was injured in a motor accident on 25.12.2008 when a lorry dashed against the bus she was traveling in. She suffered nine injuries, seven of which were grievous, and underwent two surgeries. The Orthopedic Surgeon (P.W.4) assessed her whole body disability at 32% and opined she was incapable of household work. The Motor Accidents Claims Tribunal awarded Rs.5,82,500 with 6% interest, which the High Court enhanced to Rs.6,50,350. The appellant appealed for further enhancement. The Supreme Court considered the submissions. The appellant failed to prove her claimed tailoring income of Rs.6,000 per month, so the notional income of Rs.4,250 per month (as fixed by the High Court) was upheld. The medical expenses of Rs.3,00,000 were also upheld. However, the Court found that the Tribunal and High Court had arbitrarily reduced the whole body disability from the medically assessed 32% to 15% and 20% respectively. Relying on the uncontroverted medical evidence, the Court restored the disability to 32%. Consequently, the compensation for loss of future earning was recalculated as Rs.2,12,160 (Rs.4,250 x 12 x 13 x 32%). The award for loss of amenities and future happiness was enhanced from Rs.25,000 to Rs.50,000. The total compensation was redetermined at Rs.7,54,910 with 6% interest from the date of petition. The appeal was allowed.
Headnote
A) Motor Accident Compensation - Assessment of Income of Housewife - Notional Income - The appellant, a housewife, failed to prove her claimed profession as a tailor; hence the High Court's assessment of notional income at Rs.4,250 per month was upheld as reasonable (Paras 6-7). B) Motor Accident Compensation - Whole Body Disability - Medical Evidence - The Tribunal and High Court arbitrarily reduced the medically assessed whole body disability of 32% to 15% and 20% respectively; the Supreme Court restored it to 32% based on the uncontroverted evidence of the Orthopedic Surgeon (P.W.4) (Paras 8-9). C) Motor Accident Compensation - Loss of Amenities and Future Happiness - Inadequacy of Award - The award of Rs.25,000 for loss of amenities was enhanced to Rs.50,000 considering the nature of injuries and the appellant's age (Para 7). D) Motor Accident Compensation - Loss of Future Earning - Calculation - Compensation for loss of future earning was recalculated using the multiplier method: Rs.4,250 x 12 x 13 x 32% = Rs.2,12,160 (Para 9).
Issue of Consideration
Whether the compensation awarded to the appellant, a housewife, was inadequate and required enhancement, particularly regarding assessment of income, extent of disability, and loss of amenities.
Final Decision
The appeal is allowed. The appellant is entitled to total compensation of Rs.7,54,910 with interest at 6% per annum from the date of petition till realization. The compensation is enhanced from Rs.6,50,350 to Rs.7,54,910.
Law Points
- Assessment of notional income for housewife
- Determination of whole body disability based on medical evidence
- Compensation for loss of amenities and future happiness
