SUPREME COURT OF INDIA

Before:- S.B. Majmudar and S.P. Kurdukar, JJ.

Civil Appeal No. 1291 of 1998 (arising out of S.L.P. (C) No. 7472 of 1997). D/d. 2.3.1998.

Swatantra Kumar - Appellant

Versus

Qamar Ali and others - Respondents

Motor Vehicles Act, 1988, Section 168 - Permanent disability - Shortening of leg - Claimant, pillion rider on motor cycle - Claimant earning Rs. 500/- p.m. from his photography business - Suffered prolonged period of medical treatment and hospitalisation - Granted additional amount of Rs. 1 lac under the heads of shock, pain and sufferings and as for future loss of income.

[Para 3]

JUDGMENT

Delay in filing the SLP is condoned after hearing the contesting respondents.

2. Leave granted.

3. We have heard learned counsel for the appellant-claimant as well as learned counsel for the respondent-Insurance Company who alone has thought it fit to contest this proceeding. The insured has been served. As the additional claim of the appellant will have to be borne by the respondent No. 3-Insurance Company whose counsel was heard, we deem it fit to dispose of the appeal on merits after hearing him. The claimant was a pillion rider on a motor cycle which was driven by its driver on the fateful day i.e. January 6, 1977 when both of them namely the driver of the motor cycle as well as the pillion rider got injured in a motor accident. The offending vehicle was insured with Respondent No. 3-Insurance Company. The offending vehicle being a jeep dashed against the motor cycle and caused injuries to them. After the accident both the pillion rider and the driver of the motor cycle had to be given prolonged medical treatment and both of them suffered permanent partial disabilities. The driver of the motor cycle, Shri Shashendra Lahiri suffered shortening of his leg by 3 inches while the appellant suffered shortening of his leg by 1.75 inches which is well established on record. In the claim petitions filed by them compensation under the Motor Vehicles Act was granted in their favour accepting the negligence of the driver of the offending vehicle namely, the jeep. Their appeals were disposed of with slight modification and increase in compensation by the High Court. So far as Shri Shashendra Lahiri is concerned, he came to this Court in C. A. No. 15567 of 1996 wherein this Court held that he deserved an additional amount of Rs. 4 lacs by way of compensation. Taking a leaf from the book of Shri Lahiri the appellant also filed the present appeal which was delayed by 229 days. We have condoned the delay in the interest of justice as aforesaid. In our view, it is well established that permanent partial disability was suffered by the appellant who was a pillion rider on the motor cycle and was earning Rs. 500/- per month from his photography business. It appears to us that as he has suffered prolonged period of medical treatment and hospitalisation in different hospitals and looking to the future economic loss he would suffer because of permanent partial disability which would affect his future photography business, interest of justice will be served if an additional amount of Rs. 1 lac is granted to the appellant by way of compensation both on the heads of pain, shock and sufferings as well as for future economic loss especially keeping in view the decision of this Court awarding an additional amount of Rs. 4 lacs to the motor cycle driver, Shri Shashendra Lahiri. The award of the Tribunal as confirmed by the High Court with due modification is further modified upward by awarding an additional amount of Rs. 1 lac to the appellant. The said amount shall be paid with interest of 12 per cent per annum from the date of application till the date of actual payment. The said amount will be deposited by the respondent - Insurance Company within four months from today before the Motor Accident Claims Tribunal. It will be permitted to be withdrawn by the appellant after due verification. The appeal is allowed to the extent indicated above. No costs.

Order accordingly.