New Delhi: In 2007, 23-year-old Lakshmana Gowda BN, hailing from Karnataka, life was shattered after he met with an accident and suffered from 75 per cent disability. To get adequate compensation, he fought a legal battle. On Friday, his long legal tussle culminated with the Supreme Court enhancing compensation from paltry Rs 2,26, 812 to Rs 15, 94, 812, which included Rs 50,000 towards “loss of marriage prospects”.
A Bench comprising justices Surya Kant and Aravind Kumar said, “On account of the injuries sustained claimant has suffered 75% disability. He has clearly deposed that on account of the injuries sustained and consequential disability suffered his marriage prospects have become bleak”. Justice Kumar, writing the judgment on behalf of the Bench, said even in the affidavit filed on September 30, 2022, the petitioner has deposed that he has remained unmarried and none has come forward to marry him.
“In other words, the prospects of appellant getting married would remain a dream and for loss of the same, he has to be suitably awarded compensation. Hence, we award a sum of Rs 50,000 towards the loss of marriage prospects”, said the Bench. Before the accident, Gowda, a graduate, was working as a marketing executive in a company and drawing a salary of Rs 8,000, and currently residing with his parents at his native village.
Advocate CB Gururaj, representing Gowda, said his client suffers from a motor-neuron disability like renowned scientist Stephen Hawking due to a road accident and it is a great relief for him that the apex court has enhanced the compensation from just over Rs 2 Lakh to close to Rs 16 Lakh. The top court observed, “The affidavit accompanying the Interlocutory Application would also indicate that claimant has lost sensation in his right hand and he is unable to discharge his work with his right hand. He has also deposed that on account of the injuries sustained in the road accident, he is now residing at his native village and has become dependent on his parents”.
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The Bench noted that the Unique Disability Identification Card issued by the competent authority to the claimant would also indicate that the percentage of disability is 75 per cent. “Hence, we see no justifiable reason to brush aside said evidence. Hence, we are of the considered view that the Tribunal, as well as the High Court, committed a serious error in assessing the disability for awarding compensation”, said the top court.
Gowda was not satisfied with the quantum of compensation awarded by the Motor Vehicles Claims Tribunal in 2008 and sought enhancement by filing an appeal in 2009 before the High Court of Karnataka, which affirmed the compensation of Rs 2,36,812 awarded by the Tribunal but reduced the interest awarded eight per cent per annum to six per cent per annum by judgment dated January 7, 2019. Then Gowda moved the apex court challenging the High Court's judgment.
Citing that accident occurred in 2007, the Bench said, “Even a mason at that point of time was earning not less than Rs 300 per day or in other words Rs 9,000 per month during 2007. The claimant being a graduate and working as a marketing executive, his plea of salary being Rs 8,000 per month deserves to be accepted, as it is within proximity of truth and same could not have been ignored by the Tribunal and the High Court on hyper-technical grounds”.
Concluding the judgment, Justice Kumar said, “We allow this appeal in part and modify the award of the Tribunal as affirmed by the High Court…… and in substitution to the same we award a sum of Rs 15,94,812 with interest @ 6% per annum from the date of filing of the petition till the date of payment or deposit whichever is earlier”. The top court said Oriental Insurance Company Limited is directed to deposit the award amount as ordered hereinabove before the jurisdictional tribunal within the outer limit of six weeks from the date of receipt of this judgment excluding the amount, if any, already deposited.
