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Motor Accident Compensation LawSupreme Court of India

Sanjay Verma v. Haryana Roadways

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5256 of 2008)Decided 29 Jan 2014
Civil Appeal No. 5256 of 2008
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice Shiva Kirti Singh

Background

A bus accident caused severe spinal injury and paralysis, leaving the claimant with lasting care and earning difficulties. The Tribunal awarded Rs. 3 lakh, which the High Court increased to Rs. 8,08,052. The claimant sought a further increase because future earnings, treatment, pain and assistance had not been adequately assessed.

Decision Breakdown

The Supreme Court increased the total award to Rs. 19,91,702. It reassessed lost earnings by allowing a 50% increase in annual income and applying a multiplier of 17, producing Rs. 10,53,150 under that head. It retained medical expenses and awarded separate amounts of Rs. 3 lakh for future treatment, Rs. 3 lakh for pain and suffering, and Rs. 2 lakh for an attendant. Future treatment and pain were distinct losses and should not have been combined into a nominal sum. The enhanced compensation carried 6% interest from the claim application dated 24 August 1999.

Lesson Learnt

A severe injury may create several different financial and personal losses. Future care, paid assistance, lost earnings and pain should each be assessed on the evidence so that one small combined allowance does not overlook real needs.

Sanjay Verma v. Haryana Roadways – Legal Case Shots | LegalAware