Agony of disability of accident victims to be considered: SC

New Delhi, Sep 3 (UNI) The Supreme Court has held that while deciding the quantum of compensation for the victims of road accidents, the sufferings of disability undergone by the victim must be taken into consideration.

A bench comprising Justices S B Sinha and Harjit Singh Bedi while dismissing the appeal of Andhra Pardesh State Road Transport Corporation(APSRTC) with cost of Rs 25,000 noted, "We therefore, fail to visualise that in a case of this nature a claimant can be deprived of a reasonable amount of compensation despite the fact that he has permanently lost his capacity to earn and remain dependent on other besides physical sufferance of such magnitude as to why the multiplier suggested by the Parliament should not be accepted." The respondent victim M Pentaiah Chary who was working as carpenter in a company on a salary of Rs 4500 received multiple fractures when his two wheeler was hit by an APSRTC bus on January 25,1995. He became permanently disabled and lost his earning capacity.

The victim filed a claim petition demanding a compensation of Rs.

4 lakhs but the Tribunal awarded only Rs 85,000 with 12% interest.

Andhra Pradesh High Court, however, on an appeal by the victim awarded additional compensation of Rs 1,62,800 over and above Rs 85000 awarded by the Claim Tribunal.

The state road Corporation appealed against high court judgment dated August 29,2006.

The Supreme Court in its judgment dated August 30 noted,"We do not, however, intend to lay down a general law. We wish to point out that minimum compensation payable in a case of this nature should be considered from the sufferings of disability undergone by the victim. We are not suggesting that in certain situations, multiplier specified in the second schedule can not be and should not be altered but therefore there must exist strong circumstances." The victim was 38 years old at the time of accident.

UNI