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Compensation – Court can grant more compensation than claimed in the petition

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Compensation – Powers of Claim Tribunal to award more than claimed in the petition

Four occupants of the car suffered serious injuries in the accident when the offending struck against the said car on 16.1.2014.   One of the occupants succumbed to the injuries.

Four claim petitions for compensation were filed.  The appellant one of the injured had claimed Rs.30 lakhs compensation.  He was aged 32 years at the time of accident.   On account of 60% disability, the appellant had suffered 100% functional disability because of brain injury in the accident.  However, the Tribunal assessed the disability and earning loss at 60% while awarding compensation at Rs.20,60,385/-.

In appeal, the High Court had assessed 100% functional disability and awarded compensation at Rs.30,99,873/-.

In the above context, the Supreme Court found that enhanced income should be considered for calculation of compensation and it was calculated at Rs.2 lakhs per annum.  It was also found that the appellant is entitled to enhancement of compensation on account of future prospects and loss of marriage prospects.

Insurance company, therefore, raised an objection that compensation more than Rs.30 lakhs claimed in the petition cannot be granted.

The Supreme Court negatived the contention holding that it is the duty of the Court to assess fair compensation and granted enhanced compensation at Rs.52,31,153/-.

Judgment dated Civil Appeal No…..of 2024 (SLP [Civil] NO.3050 of 2023) of Chandramani Nanda  Vs. Sarat Chandra Swain and another

 

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