R. Logeshkumar Vs P. Balasubramaniam And Another (Supreme Court of India)
No Proof of Salary? Still Entitled to Just Compensation — SC Applies Liberal Approach- Future Prospects Added, Attender Charges Raised — Supreme Court Corrects HC Award- Compensation Enhanced from 14.65 Lakhs to 21.75 Lakhs
Appellant sought enhancement of motor accident compensation. Tribunal had awarded Rs.3,98,017/-, while High Court enhanced it to Rs.14,65,617 by treating functional disability as 100% & fixing monthly income at Rs.6,500 applying Syed Sadiq.
Appellant, aged 21 & suffering hemiparesis, sought further enhancement for future prospects, attendant charges & additional medical expenses. SC referred to Nagappa holding that Tribunal/Court can award compensation even beyond the claim to ensure “just compensation”. SC held future prospects must be added for 100% functional disability & recomputed income at Rs.8,667 (adding 1/3rd). SC also found that considering the young age & permanent disability, a lump-sum attendant charge of Rs.3,00,000 was justified. Claim for additional medical bills was rejected due to lack of evidence, noting HC had rightly refused to rely on documents introduced for first time. SC recalculated the compensation at Rs.21,75,681 with 7.5% interest from date of claim petition & allowed the appeal partly, directing payment of the differential amount.
