Sanjay Verma Vs. Haryana Roadways
MACT – Compensation
Civil Appeal No. 5256 of 2008-Decided on 29-1-2014.
Undoubtedly, the same principle will apply for determination of loss of income on account of an accident resulting in the total disability of the victim as in the present case….. Insofar as the multiplier is concerned, as held in Sarla Verma (supra) (para 42) or as prescribed under the Second Schedule to the Act, the correct multiplier in the present case cannot be 15 as held by the High Court. …. The claimant had claimed an amount of Rs.20,00,000/- under the head “pain and suffering and mental agony”. Considering the injuries sustained by the claimant which had left him paralyzed for life and the evidence of PW-1 to the effect that the claimant is likely to suffer considerable pain throughout his life, we are of the view that the claimant should be awarded a further sum of Rs. 3,00,000/- on account of “pain and suffering”. …. In the claim petition filed before the Motor Accident Claim Tribunal the claimant has prayed for an amount of Rs.2,00,000/- being the cost of attendant from the date of accident till he remains alive. …. In view of the discussions that have preceded, we hold that the claimant is entitled to enhanced compensation as set out in the table below…read more
