SYED ASHRAFF v. COMMR. BANGALORE DEVT.AUTH.AND ANR. (2009) INSC 1392 (4 August 2009)

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Case Law

Judgement

Leave granted.

The appellant is before us aggrieved by and dissatisfied with the judgment

and order dated 21st October, 2008 passed by a Division Bench of the High Court of


Judicature of Madhya Pradesh, Indore Bench, Indore in Miscellaneous Appeal No.

2775/2007, whereby and whereunder the appellant was awarded a lump sum

compensation of Rs. 1,75,000/- for the injuries sustained by him.

The appellant, who is a professor, was travelling in a Qualis jeep. The said

vehicle collied with a truck. The appellant suffered serious injuries in his left hand


and right leg. Rods had to be inserted in both the limbs. He suffered fractures also in

those limbs. Permanent disability suffered by him was assessed at 35% by an

orthopedic surgeon. A total sum of Rs. 1,50,137/- was awarded by the Motor


Accident Claims Tribunal towards the injuries sustained by him, pain and suffering


as also the disability. The High Court, however, increased the said sum by way of a

lump sum amount to Rs. 1,75,000/- but it did not assign any reason therefor.


The Second Schedule appended to the Motor Vehicles Act, 1988 provides

that in a case of this nature, the amount of compensation should be calculated in

terms thereof. Appellant's income was determined at Rs. 3,000/- per month. As he

was aged 25 years on the date of accident, a multiplier of 17 should be applied.

Calculating the amount of compensation on that basis, he was entitled to Rs. 2,14,000/-


towards the loss of income, which we hereby order. He would also be entitled to the

medical expenses incurred by him and compensation on other heads would be granted

to him as awarded by the Tribunal. The enhanced amount shall also carry interest at the same rate as was

granted by the High Court i.e at the rate of 6% per annum.

The appeal is allowed to the extent above mentioned.

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