caselaws
Supreme Court of India
New India Assurance Co. Ltd vs Sukanta Kumar Behera & Ors on 20 February, 2015Author: A Mishra
Bench: Ranjan Gogoi, Arun Mishra
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2078 OF 2015
(ARISING OUT OF SLP (CIVIL) NO.20977 OF 2014)
New India Assurance Co. Ltd. … APPELLANT
VERSUS
Dr. Sukanta Kumar Behera & Ors. …RESPONDENTS
J U D G M E N T
Arun Mishra, J.
1. Leave granted.
2. The appeal has been preferred by the insurer against the order dated
9.5.2014, passed by the High Court of Orissa at Cuttack in M.A.C.A. No.576
of 2008 awarding compensation of Rs.55,00,000/- to the respondent, Dr.
Sukanta Kumar Behera for the injuries sustained and permanent disability
incurred by him in the accident dated 9.9.2001. The Claims Tribunal had
awarded compensation of Rs.4,01,414/-.
3. The appellant was working as Senior Medical Officer in Bhilai Steel
Plant. He met with an accident and ultimately due to permanent disability
incurred by him, his services were terminated on 29.8.2007. He incurred 60%
permanent disability owing to various injuries sustained in the accident.
The question to be considered is whether the High Court is justified in
awarding compensation of Rs.55,00,000/- without any discussion and
computation. The approach of the High Court cannot be said to be justified
in such cases of injury. It is necessary to make computation of
compensation to be awarded on account of pecuniary and non-pecuniary heads.
4. The claimant suffered fracture in the right forearm, right femur
neck, fracture of right radius midshaft and fracture of right ulnar
midshaft in the right hand and grievous fracture of tebia in the left leg.
His cervical spinal cord was also injured. He also suffered grievous
abdomen injury for which he had to be operated. Besides, he also suffered
injury in the chest.
5. He was admitted in various hospitals as indoor patient. Firstly from
9.9.2001 to 24.9.2001, he was treated in SCB Medical College and Hospital,
Cuttack where his left leg was operated, operation of abdomen, traction of
right leg was done and a slab was put in right hand. Secondly, he was
treated in Shanti Hospital, Cuttack, from 24.9.2001 to 30.9.2001 where he
was operated upon for implanting two steel plates in right leg. Thirdly,
he was admitted in Kalinga Hospital, Bhubaneswar, for treatment from
1.10.2001 to 15.10.2001 for abdominal surgery in which considerable part of
his stomach and large intestine was removed to save his life. Thereafter,
he was admitted in C.M.C. Hospital, Vellore as indoor patient from
16.10.2001 to 25.5.2002 for 7-1/2 months and again in the month of February
2004 he was admitted there for a period of 8 days. At Vellore in CMC
Hospital, several surgeries were performed, besides bone grafting in left
leg and removal of implanted right femur due to infection and discharging
sinus. The amount spent by him at Vellore CMC Hospital towards treatment
and medical expenditure was reimbursed to the extent of Rs.10,72,013/-.
6. As per Dr. R.K. Pandey, the claimant Dr. Sukanta Kumar Behera
sustained injuries resulting into 60% permanent disability. In future,
treatment of left ankle, foot drop and right hip replacement surgery may
also be required. It is also apparent that due to removal of large part of
intestine the claimant will have to remain on special diet and his
digestion capacity has been declined to a great extent due to abdominal
surgery for rest of his life. It is also apparent that he had also
suffered grievous injuries resulting into 60% permanent disability besides
one inch shortening of right limb.
7. The insurer company has contended that claimant was getting
Rs.23,000/- per month at the time of accident. It appears that he was
getting non-practitioner allowance also in addition to the salary. It
would be appropriate to take his salary at Rs.25,000/- per month.
Considering the fact that 60% permanent disability has been incurred and
considering over all injuries caused, there is a loss of working capacity
to the said extent. Monthly loss of earning capacity comes to Rs.15,000/-.
Multiplier of 16 is applicable at the age of 36 years. Expenditure must
have been incurred in 8 days when claimant was treated in Shanti Hospital
when surgery of right leg was performed and two plates were inserted which
we quantify at Rs.20,000/-. There was loss of earning during course of
treatment which has been determined by the Claims Tribunal and medical
expenditure in SCB Medical College and Hospital, Cuttack comes to
Rs.66,566/-. Compensation for pain and suffering, expenditure on attendant
and on special diet has also to be awarded. The compensation after
deducting medical reimbursement already received, is awarded in the
following manner :
Description Amount (Rs.)
For loss of earning capacity due
to permanent disability
(Rs.15,000 x 12 x 16) 28,80,000/-
Loss of salary during treatment
in the year 2001-2002 2,14,848/-
Expenditure incurred in SCB
Medical College & Hospital, Cuttack 66,566/-
Expenditure incurred in Shanti
Hospital 20,000/-
Physical pain and sufferings 2,00,000/-
Expenditure incurred on attendant
for 9 months during treatment 90,000/-
Special diet 28,500/-
………………..
Grand Total: 34,99,914/-
rounded off
35,00,000/-
………………….
Accordingly, the appeal is allowed in part. Compensation
amount of Rs.35,00,000/- (Rupees Thirty Five lacs only) is awarded to the
claimant along with interest at the rate of 6% per annum with effect from
the date of filing of claim petition. The said amount be paid within a
period of two months from today. No costs.
…………………………………..J.
(RANJAN GOGOI)
………………………………….J.
(ARUN MISHRA)
New Delhi,
February 20, 2015.
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