IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4704 OF 2008 [Arising out of SLP(C) No.10326 of 2007]

ASHOK .......APPELLANT(S)  

Versus

UNITED INDIA INSURANCE CO. LTD. & ANR.

.....RESPONDENT(S)

O R D E R

Leave granted.  Heard both sides.

2. The appellant sustained fractures of  the right humerus in a motor accident.  It

required hospitalization, surgery and insertion of a rod. There was a resultant limited flexion

disability at elbow and shoulder. The Tribunal awarded Rs.43,470/- as compensation (with

interest at 6% P.A.) made up of Rs.15,000/- towards pain & agony, Rs.12,870/- for medical

expenses,  Rs.1600/- for loss of income during the period of treatment, Rs.2000/- for future

medical expenses,  Rs.10,000/-  for loss  of amenities and earning capacity and Rs.2,000/- for

special diet & nourishment.

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3. On appeal by the appellant, the High Court increased the compensation under the

head of loss of amenities and future loss of earning capacity by Rs.20,000/-. Thus, the total

compensation stood increased to Rs.63,470/-.

4. Appellant is not satisfied with the increase. According to him, he was working as a

driver before the accident and on account of the accident and resultant disability he could not

drive.  He, therefore, contends that the compensation should have been awarded by calculating

the loss of future earnings with reference to loss of income as a driver.   

5. Learned counsel for the Insurance Company rightly pointed out that no evidence

has been placed that he held a driving licence and no medical evidence was placed to show that

there was any permanent disability as a result of which the appellant could not drive. In the

circumstances,  it  may not  be  possible  to  consider this  as  a case  of  permanent economic

disability as a result of the injuries.   

6.  However, we find that that compensation awarded under three heads requires to be

revised.  The  sum  awarded under the head of

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pain and sufferings is very low.  On the evidence showing fracture of right arm necessitating

surgery, insertion of rod and hospitalization, as also probable subsequent surgery for removal

of  the rod,  we are of  the view that Rs.35,000/-  ought to  have been awarded for pain &

sufferings instead of Rs.15,000/-.  The awards under the heads of future medical expenses and

loss  of  future  earning  capacity  should  be  increased  by  Rs.10,000/-  each.   Thus,  the

compensation   is   increased    by   Rs.40,000/-.   Total  compensation  will  therefore  be

Rs.1,03,470/-.

7. Appeal is allowed in part.  The increased compensation of Rs.40,000/- with interest

@ 6% p.a. from the date of filing of the petition till the date of deposit, shall be deposited by

the respondents within two months.

  ...........................J.    ( R.V. RAVEENDRAN )

New Delhi;    ...........................J. July 25, 2008.              ( LOKESHWAR SINGH PANTA )