NEW DELHI: The Supreme Court on Friday awarded a compensation of Rs 62.35 lakh with 7.5 % annual interest to an ex Merchant Navy personnel who suffered amputation of right hand and other injuries in a road mishap 25 year ago.
Acting on an appeal by Ramesh, a bench of Justices M R Shah and Krishna Murari objected to the observations by the Punjab and Haryana High Court that the claimant can still earn something.
"He will not be able to do any work in Merchant Navy. The High Court also observed that in Merchant Navy, usually the job is for six months in a year. The said observation is absolutely without any basis. It cannot be said that he would do nothing for rest of six months," the bench said.
The apex court modified the judgement of the High Court, which had enhanced compensation for the appellant to Rs 14.82 lakh from just Rs 6.68 lakh computed by the Motor Accident Claims Tribunal as total sum for him under different heads, including the expenses covering medicine, treatment, special diet, pain, shock and suffering and future loss of income.
The bench also pointed out the High Court while awarding the future economic loss has considered the loss of income at Rs 18,000 per month.
"It is required to be noted that the appellant was serving as Merchant Navy and his salary at the relevant time was USD 1000. His right hand below elbow was amputated resulting in 70% disability qua right arm," the bench said, while computing monthly loss of income to Rs 30,000 per month.
The bench also said the High Court also did not consider thd rise of income in future.
In his plea, the man claimed at the time of accident, he was getting USD 1000 as salary in Merchant
Navy at Belgium, excluding free food, accommodation, and free air ticket and sought compensation of Rs 1.02 Crore under different heads.
[Read Order]
