Court can grant compensation beyond what was claimed in motor vehicle cases

Ss. 168 and 171 - Complete justice - Court can grant compensation beyond what was claimed in motor vehicle cases,
Sanjay Verma v. Haryana Roadways, (2014) 3 SCC 210


Motor Vehicles Act, 1988
Ss. 166, 168 and 171 - Compensation - Just compensation - Computation of - 100% permanent disability - Claimant
aged 25 yrs, having wife and 1 yrs old child, earning Rs 41,300 annually suffering 100% disability in motor accident
which leaving him paralysed for life and he likely to suffer considerable pain throughout his life - Claimant granted Rs
10,53,150 towards loss of income including future prospects of increase of income, Rs 1,38,552 for medical expenses,
Rs 3,00,000 for future treatment, Rs 3,00,000 for pain and suffering and mental agony, Rs 2,00,000 for cost of attendant,
thus amounting to Rs 19,91,702 (High Court granting Rs 8,08,052) with 6% interest from date of application till date of
payment of enhanced compensation, 
Ss. 166 and 168 - Compensation - Just compensation - Future treatment and pain and suffering - Held, said two heads
are different and cannot be clubbed together while computing compensation - High Court erred in clubbing them together
and quantifying compensation under these heads at Rs 50,000 - As far as future treatment is concerned, it depends on
the facts of each case - In present case, it is definite that claimant would be required to undertake future treatment even
to maintain his present state of health - Hence, Rs 3,00,000 as claimed granted under head of future treatment - As far
as pain, suffering and mental agony is concerned, considering injuries sustained by claimant which had left him
paralysed for life and evidence of PW 1 doctor to the effect that claimant was likely to suffer considerable pain throughout
his life, claimant awarded Rs 3,00,000 acknowledging that monetary compensation for pain and suffering at best was
palliative which had to be determined on a case-to-case basis, 
S. 168 - Appropriate multiplier - Claimant aged 25 yrs suffering 100% disability in motor accident - Held, appropriate
multiplier would be 17 and not 15 as determined by High Court, 
S. 168 - Compensation - Computation - Future prospects of increase of income - Self-employed person - Claimant aged
25 yrs and having steady income - Held, 50% increase to income that claimant was earning at time of accident justified,

S. 168 - Compensation - Cost of attendant - Claimant suffering 100% disability in motor accident, paralysed for life,
requiring assistance for daily chores at all times - Rs 2,00,000 awarded towards cost of attendant, 

S. 168 - Compensation - Determination of annual income - Income tax returns filed by claimant demonstrating that he
had paid income tax on annual income of Rs 41,300 - Hence held, no fault can be found with order of High Court which
proceeded on that basis and not monthly income of Rs 5000 as claimed by claimant, (2014) 3 SCC 210-F

Ss. 168 and 171 - Complete justice - Court can grant compensation beyond what was claimed in motor vehicle cases,

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