PAPPU DEO YADAV Vs. NARESH KUMAR AND OTHERS

JUDGEMENT

(1.) The appellant questions a decision of the High Court of Delhi[1]. On 18.05.2012, the appellant was injured in a motor accident while travelling to Hapur as a passenger in a bus, having paid the requisite fare. At about 1.30 pm when the bus reached village Sadikpur, PS-Hafizpur, Hapur, Uttar Pradesh, the driver of the offending bus (the first respondent) sought to overtake the bus in which the appellant was travelling, from the wrong side, and zipped the appellant's bus, scratching it. This rash and negligent act caused a dent in the bus where the appellant was seated, as a result of which he suffered injuries. The appellant was removed to Dr. Khan's Rehan hospital and thereafter, AIIMS Trauma Center. The appellant claimed compensation, impleading the owner, the driver of the vehicle, and the insurer. During the course of proceedings before the Motor Accident Claims Tribunal, he applied for ascertainment of his disability. The disability report (Ex. PW-l/9 dated 01.04.2014 issued by Pandit Madan Mohan Malviya Hospital, during the motor vehicles compensation claim proceedings) showed that he suffered 89% disability in relation to his right upper limb, which had to be amputated. The report also went on to say that the condition was "non progressive, not likely to improve. Reassessment is not recommended". A first information report (FIR) regarding the accident was registered (FIR No. 57/12), as case Crime No. 255/12, Hazifpur Police Station, Hapur, Uttar Pradesh, under Sections 279 and 338 of the Indian Penal Code, 1860.

(2.) The appellant, at that time unmarried, was working as a data entry operator/typist at Tis Hazari Courts. Prior to the injury, he earned an amount of Rs. 12,000 per month. He had applied for grant of compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988, (hereafter "the Act") claiming a sum of Rs. 50 lakhs with interest at the rate of 12% per annum against the first respondent, (the driver of the bus at the time of the accident), the second respondent (owner of the vehicle), and third respondent (the insurer). The Motor Accident Claims Tribunal (hereafter the "Tribunal") rejected the insurer's objection regarding its jurisdiction and further held that the appellant had suffered serious injuries due to rash and negligent driving of the respondent. It awarded compensation in the following terms:

(3.) While assessing loss of earning capacity, the Tribunal took the appellant's income to be Rs. 8000 per month, and added 50% towards future prospects. At the time of the accident, the appellant was only 20 years of age. Therefore, a multiplier of 18 was applied. The physical disability was assessed to be 45%, by the Tribunal. The High Court, to which the claimant appealed (and the insurer cross appealed), revised this head of compensation by doing away with the addition of 50% towards future prospects, and reassessed the compensation for loss of earning capacity as Rs. 7,77,600 (Rs. 8000 x 12 x 45% x 18). The total compensation was reassessed by the High Court to be Rs. 14,36,600, after enhancing the compensation for disfigurement, diet, attendant and conveyance, loss of amenities and enjoyment of life, and pain and suffering. Further, an interest of 9% per annum was imposed. In reducing the amount awarded for loss of future prospects, the High Court noticed this court's judgments in National Insurance Company Ltd. vs. Pranay Sethi and Ors., (2017) 16 SCC 860. and Jagdish vs. Mohan and Ors., (2018) 4 SCC 571 both by three-judge benches of this court.