The Supreme Court has observed that the position of the claimant post accident in terms of quality of his life i.e. happiness, amenities etc are vital factors in determing compensation.

The Bench comprising of Justice MR Shah and Justice BV Nagarathna enhanced compensation awarded to a person suffering coma from past eight years to ₹ 10 lakhs each under heads of the pain, shock & suffering and loss of amenities and happiness of life.

The petitioner herein has assailed the High Court order denying him enhancement of compensation under some heads with regard to MVA.

The High Court enhanced the amount of compensation from ₹94,37,300/-­ to ₹1,24,94,333/-­ under different heads. However, it awarded ₹.2,00,000/­ only under the head pain and suffering and ₹1,00,000/­ only under the head of loss of future amenities and happiness.

In the petition filed, it was pleaded the amount of compensation be enhanced under the heads of pain and suffering suitably, considering the period of hospitalization, the grievous brain injuries sustained by the claimant and that he underwent multiple operations.

It was submitted by learned counsel appearing for the claimant that in the vehicular accident the claimant has suffered 100% disability and is completely bedridden. He added that with this disability he will have to live a miserable life till his death.

"He will not be in a position to enjoy life and therefore the High Court has committed a grave error in awarding Rs.1,00,000/only towards loss of amenities and happiness."

On the other hand, the Counsel for the Insurance Company vehemently opposed the petition, and relying on Raj Kumar vs. Ajay Kumar and Anr, submitted that when compensation is awarded by treating the loss of future earning capacity as 100% the need to award compensation separately under the head of loss of amenities or loss of expectation of life may disappear and as a result, only a token or nominal amount may have to be awarded under the head of loss of amenities or loss of expectation of life, as otherwise there may be a duplication in the award of compensation.

The Court noted that considering the prolonged hospitalization and medical treatment and that the claimant underwent multiple surgeries, we are of the opinion that the High Court has erred in awarding ₹2,00,000/only under the head pain and suffering. 

"The pain, suffering and trauma suffered by the claimant cannot be compensated in terms of the money. However, still it will be a solace to award suitable compensation under different heads including the pain, shock and suffering, loss of amenities and happiness of life."

It thus added that in the facts and circumstances of the case due to the prolonged hospitalization and the multiple brain injuries/injuries sustained by the claimant and that he is still in coma and is bedridden, the amount of compensation under the head of pain, shock and suffering is enhanced to Rs.10,00,000/- it can be said to be a reasonable amount under the head pain, shock and suffering.

The Court further opined that the amount of ₹1,00,000/awarded by the High Court under the head loss of amenities and happiness can also be said to be on lower side and made an increase in the amount accordingly.

The Court rejecting Insurance Company's contentions, and stated that that the amount of compensation to be awarded under the heads, pain and suffering and loss of amenities and happiness, there cannot be straight jacket formula. It depends upon the facts and circumstances of each case and it varies from person to person who has suffered due to the accident. So far as awarding compensation on the head of pain, shock and suffering is concerned, multiple factors are required to be considered namely, prolonged hospitalization; the grievous injuries sustained; the operations underwent and the consequent pain, discomfort and suffering.

"loss of amenities and happiness suffered by the claimant and his family members also depend upon various factors, including the position of the claimant postaccident and whether, he is in a position to enjoy life and/or happiness which he was enjoying prior to the accident. To what extent the claimant has lost the amenities in life and the happiness will depend on the facts of each case."

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