89.
(SC) 16-02-2023
A. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Future medical expenses -- 95% disability – It would require physiotherapy services throughout his life, the compensation awarded by the High Court at Rs. 3,00,000/- appears to be less – Physiotherapy charges at the rate of Rs. 150/- per day with multiplier of 18, the charges for future medical expenses (physiotherapy) would come to Rs. 9,72,000/- are just and proper.
(Para 17)
B. Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case -- Transportation charges -- Considering the medical condition of appellant-A who had suffered 95% disability and appellant-S who suffered 70% disability would require extra use of transportation even for going to short distances -- It would be just and proper to award Rs. 50,000/- and Rs. 25,000/- to the appellants A and S, respectively as transportation charges.
(Para 19)
C. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Pain and suffering -- Amount of Rs. 5,00,000/- appears to be just for the appellant-A (95% disability) and Rs. 2,50,000/- to the appellant-S (70% disability) under the aforesaid head.
(Para 20)
D. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Loss of marriage prospects -- Appellants considering their medical conditions, deserve to be suitably compensated for under the head ‘loss of marriage prospects’ – Appellant-A (95% disability) awarded Rs. 3,00,000/- under this head, whereas appellant-S (70% disability) awarded Rs. 1,50,000/-.
(Para 21)
E. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Attendant for life -- Appellant-A (95% disability) because of his medical condition, cannot even stand or walk on his own and would therefore, require an attendant all his life -- Rs. 5,000/- per month for whole time attendant, applying the multiplier of 18, an amount of Rs. 10,80,000/- would be just and proper compensation under the aforesaid head.
(Para 22)
F. Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Medical conditions of both appellants (95% and 70% disability) would be requiring special diet supplements assessed at Rs. 1,00,000/- each.
(Para 23)