Enhancement Of Motor Accident Compensation As Per Disability Assessment.
Supreme Court significantly increases compensation for comatose accident victim Prakash Chand Sharma, addressing disability assessment and attendant costs.
In the case of Prakash Chand Sharma Vs Rambabu Saini & Anr. which stems from a motor vehicle accident the Supreme Court enhanced the compensation.
The accident occurred on March 23, 2014 when the claimant-appellant, Prakash Chand Sharma, was riding his motorcycle when a Maruti Omni approached from the wrong side of the road, resulting in a collision that caused severe injuries and left him in a comatose state. An FIR, numbered 81/14, was filed at Police Station Tehla.
The Supreme Court reviewed an appeal from the appellant, who was unhappy with the compensation awarded. The Motor Accident Claims Tribunal (MACT) had initially granted Rs. 16,29,465, which the High Court later raised to Rs. 19,39,418. The claimant-appellant subsequently appealed to the Supreme Court, mainly disputing the rejection of the Medical Board's assessment of 100% disability and the inadequacy of compensation for attendant charges and overall suffering. The Supreme Court upheld the appeal, significantly increasing the compensation based on the Medical Board's disability evaluation and actual attendant costs, ultimately awarding a total of Rs. 48,70,000 with 7% interest from the date of the claim petition.
Regarding the Validity of the Medical Board's Assessment, the Tribunal questioned the Medical Board's qualifications but did not re-evaluate the disability; the Supreme Court stressed that the Medical Board's opinion should be regarded as expert testimony.
The Apex Court found the initial amount as inadequate, and referencing to its earlier judgment in case of Kajal vs Jagdish Chand (Click to Download), the Court calculated attendant charges at Rs.5,000 x 12 x 13 = Rs. 7,80,000.
As for Pain and Suffering, the Apex Court considered the Rs.2,00,000, awarded for mental and physical distress insufficient; particularly given the claimant's comatose condition. Citing its earlier judgment in case of K.S Murlidhar vs R. Subbulakshmi(Click to Download), the Apex Court raised this amount to Rs. 6,00,000 under the category of 'Pain and Suffering'.
Finally, Supreme Court granted the appeal and enhanced the total compensation to Rs.48,70,000, with an interest rate of 7% per annum from the date the claim petition was filed.
Coram: Justice Sanjay Karole and Justice Manmohan
Case: Prakash Chand Sharma Vs Rambabu Saini & Anr
Judgment Date: 10-02-2025
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