The Division Bench of Justice Abhay S. Oka and Justice Vikram Nath of the Apex Court in the case of Chaus Taushif Alimiya Etc Vs Memon Mahmmad Umar Anwarbhai & Ors held that the award of compensation for pain and suffering cannot be based on any mathematical formula, but has to be commensurate to the nature of suffering and pain, its extent, length, and duration.
Brief Facts:
The factual matrix of the case was that both the Appellants were travelling in the same vehicle. The vehicle met with an accident and both the Appellants suffered severe injuries.
An Application was filed under Section 166 of the Motor Vehicle Act, 1988 by both for claiming compensation of Rs. 5,00,000 and Rs. 50,00,000 respectively. Furthermore, one Appellant suffered a permanent disability of 70% whereas other suffered a permanent disability of 95%.
The Trial Court awarded the compensation of Rs 7,26,053 to the 1st Appellant and Rs 5,85,019 to the other one. An appeal was filed before the High Court and the High Court enhanced the compensation to Rs 14,48,853 of the 1stAppellant and Rs. 8,77,819 of the other.
Observations of the Court:
It was observed that as per the disability suffered by the 1st Appellant, the amount of Rs 3,00,000 awarded by the high court for physiotherapy services was considered to be less. Therefore, after taking into consideration the same, the Court enhanced the amount to Rs 9,72,000.
Further, the Bench awarded transportation charges of Rs 50,000 and Rs 25,000 to both the Appellants.
Regarding, compensation for pain and suffering, the Hon’ble Court after considering the medical conditions of both the Appellants opined that such an amount of compensation cannot be determined by any mathematical formula; rather, it must be proportionate to the nature of suffering and agony experienced, as well as its extent, duration, and length.
The decision of the Court:
Therefore, the Top Court enhanced the compensation of Rs. 25,67,000 to the 1st Appellant and Rs. 4,90,000 to the other.
Case Title: Chaus Taushif Alimiya Etc Vs Memon Mahmmad Umar Anwarbhai & Ors
Coram: Hon’ble Justice Abhay S. Oka and Hon’ble Justice Vikram Nath
Case No: Civil Appeal Nos. 1241 – 1242 of 2023
Citation: 2023 Latest Caselaw 106 SC
Advocate for Appellants: Adv. Vikalp Mudgal
Advocate for Respondent: Adv. Priya Puri
Read Judgement @LatestLaws.com
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