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Grifan v. Sarbjeet Singh And Others

Grifan
v.
Sarbjeet Singh And Others

(Supreme Court Of India)

Review Petition (C) No. 466 of 1999 In C.A. No. ... of 2000 In Slp (C) No. 1149 of 1999 | 10-04-2000


1. Having heard learned counsel for the parties the review petition is allowed.

2. In the special leave petition leave is granted and the appeal is taken up for final disposal forthwith as indicated in the notice issued in the review petition on 15-4-1999.

3. We have heard learned counsel for the appellant as well as learned counsel for the respondents, especially the Insurance Company which has to bear the burden of the compensation. Looking to the facts and circumstances of this case, in our view, an additional award of Rs. 2, 00, 000/- (Rupees two lakhs only) is required to be granted in favour of the claimant whose right leg was amputated due to the rash and negligent driving of Respondent 1. The medical evidence shows that he has suffered 80% disability. But even taking the overall disability of 50% and looking to his income of Rs. 4000/- per month which would have risen further if the appellant had not suffered from this injury at the age of 45 years, considering this aspect and keeping in view his future prospects which are affected because of this permanent injury, we deem it fit to enhance the award of compensation by Rs. 2, 00, 000/- more in addition to Rs. 2, 00, 000/- already ordered by the High Court.

4. The net result is that an additional amount of Rs. 2, 00, 000/- (Rupees two lakhs only) towards the full and final satisfaction of the claim of the claimant in this case will be paid by the Insurance Company to the appellant within six weeks from today. The award shall stand enhanced accordingly.

5. The civil appeal is accordingly allowed.

6. No costs.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE R.P. SETHI

HON'BLE JUSTICE S.B. MAJMUDAR

Eq Citation

2000 ACJ 1370

(2000) 9 SCC 338

1 (2006) ACC 251

JT 2000 (8) SC 55

LQ/SC/2000/690

HeadNote

Motor Vehicles Act, 1988 — Ss. 166, 168, 171 and 173 — Compensation — Enhancement of — Permanent disability — 80% disability — Taking overall disability of 50% and looking to his income of Rs. 4000/- per month which would have risen further if the appellant had not suffered from this injury at the age of 45 years, considering this aspect and keeping in view his future prospects which are affected because of this permanent injury, award of compensation enhanced by Rs. 2, 00, 000/- more in addition to Rs. 2, 00, 000/- already ordered by High Court