The Supreme court ruled that special circumstances have to be taken into account while awarding the compensation for pain and suffering.
The appeal has been filed against the impugned final judgment and order passed by the High Court of Karnataka (Dharwad Bench) in “Shri Sidram S/o Raju Bhosale v. Shri Siddu Mahadev Bhosale & Anr.” urging various legal grounds and contentions for further enhancement of compensation in the case of a motor accident involving the appellant-claimant whereby the High Court enhanced the compensation awarded by the Motor Accidents Claims Tribunal, Belgaum.
The Tribunal had awarded compensation under the various heads along with interest at the rate of 6%.
Advocate Anand Sanjay M. Nuli, appearing for the appellant, submitted that both the Tribunal as well as the High Court have failed to correctly provide/grant compensation under the head “future prospects” as mandated by the Court by only taking the salary of the appellant-claimant.
Advocate Maibam Nabaghanashyam Singh, appearing for insurance company, submitted that the petition is filed by the petitioner challenging the impugned order whereby the High Court had allowed the appeal filed by the petitioner and enhanced the compensation.
The division bench of Justice Surya Kant and Justice J.B. Pardiwala observed more particularly keeping in mind the dictum of the Court in the case of Kirti that it is not necessary to adduce any documentary evidence to prove the notional income of the victim and the Court can award the same even in the absence of any documentary evidence.
It was observed by the court that pain and suffering would be categorized as a non-pecuniary loss as it is incapable of being arithmetically calculated.
It further observed that therefore, when compensation is to be awarded for pain and suffering, special circumstances of the claimant have to be taken into account including the victim’s age, the unusual deprivation the victim has suffered, the effect thereof on his or her future life.
The bench stated that Courts should be mindful that a serious injury not only permanently imposes physical limitations and disabilities but too often inflicts deep mental and emotional scars upon the victim.
The court directed the respondent insurance company to pay the appellant-claimant the difference in the compensation awarded as against the amount as awarded by the High Court.
Case title: Sidram v/s The Divisional Manager United India Insurance Co. Ltd. and Anr.
Citation: Civil appeal no. 8510 of 2022