Case Law Details
Mohd Sabeer Vs Regional Manager (Supreme Court of India)
Conclusion: The Hon’ble Supreme Court while enhancing the compensation in the case of permanent disability caused to accident, held that while awarding compensation in cases of permanent disability caused to claimants, the courts must look at the case in totality, and must consider the socio-economic background of the claimants.
Facts: The present appeals are directed against the final order dated 12.10.2018 passed by the High Court of Delhi, (hereinafter referred to as “High Court”) in Review Petition No. 391 of 2018 and against the impugned final judgment dated 11.09.2018 passed by the High Court of New Delhi.
The Appellant, was travelling in a bus, the driver of the bus, who is the Respondent No.1 therein was driving in a rash and negligent manner. At around 12:30 am, in Ghaziabad, the Respondent no.1 driver hit a standing tempo which was parked on the left side of the road. As a result of this accident, the Appellant and the other passengers in the bus received grave injuries all over their bodies. The Appellant was aged 37 years at the time of the accident and was earning Rs.10,000/- per month. As per the Disability Certificate, the Appellant suffered permanent disability of 70%, his right lower limb amongst other injuries.
The Appellant after the accident filed a claim petition before the Motor Accident Claims Tribunal Delhi-II, Dwarka Court, New Delhi claiming a compensation of Rs.20,00,000/- (Twenty Lakhs). The Tribunal awarded a compensation of Rs.15,76,465/- to the Appellant along with 7.5% interest per annum. The Appellant then filed MAC App. No. 444/2013 before the High Court of Delhi on grounds that the Ld. MACT did not calculate the loss of earning capacity, future prospects and wrong computation of the Appellant’s disability.
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