The Supreme Court, in the case of Sri Lakshmana Gowda B.N. v The Oriental Insurance Co. Ltd. Co.Ltd., has awarded enhanced compensation to a motor vehicle accident victim who sustained 75% whole body injury.

The bench comprising of Justice Surya Kant and Justice Aravind Kumar ruled that the claimant's inability to work due to disability cannot be denied solely based on the absence of examination or a letter from the employer. The court emphasized that evidence of disability, such as a disability certificate and identity card issued by the Directorate for the Empowerment of Differently Abled and Senior Citizens, cannot be disregarded.

The claimant, Sri Lakshmana Gowda B.N., had filed a petition seeking compensation under Section 166 of the Motor Vehicle Act. The claimant, a 24-year-old graduate working as a Marketing Executive with a monthly salary of Rs. 8,000, suffered 48% permanent physical disability and 75% disability to his body as a result of the accident.

Initially, the Motor Vehicles Claims Tribunal awarded compensation of Rs. 2,36,812, including various components such as pain and suffering, medical expenses, loss of earnings during the laid-up period, permanent disability, and loss of future amenities. The claimant challenged the award before the High Court, which affirmed the compensation but reduced the interest rate. Dissatisfied with the quantum of compensation, the claimant appealed to the Supreme Court.

In its verdict, the Supreme Court increased the compensation for pain and suffering by an additional Rs. 50,000, taking into account the claimant's hospitalization and continuous treatment. The court also revised the compensation calculation for the claimant's salary based on the amount mentioned in the salary certificate. Moreover, the bench awarded compensation of Rs. 50,000 for the loss of marriage prospects, considering the claimant's 75% bodily disability and his deposition that he remained unmarried due to his injuries.

Citing the precedent set in Sarla Verma and others v. Delhi Transport Corporation and others, the court awarded Rs. 12,96,000 as compensation for loss of future income. The compensation for loss of earnings during the laid-up period was also revised, taking the claimant's monthly income as Rs. 8,000. Ultimately, the Supreme Court increased the total compensation to Rs. 15,94,812 with 6% per annum interest from the date of filing the petition.

Case Title: Sri Lakshmana Gowda B.N. v The Oriental Insurance Co. Ltd. Co. Ltd. and Another

Click here to read/download order