Holding

Both the owners of the car and the lorry, together with their insurers, are jointly and severally liable for the composite negligence, and the compensation must be assessed as per the principles of pecuniary and non‑pecuniary damages under the Motor Vehicles Act, 1939, with interest payable only on the amount due on the date of award.

Summary

R.D. Hattangadi, a practising advocate, was severely injured in a head‑on collision between a car owned by Mis. Pest Control (India) Pvt. Ltd. and a motor lorry, resulting in 100% disability and paraplegia. He filed a claim under Section 110‑A of the Motor Vehicles Act, 1939 seeking compensation for medical expenses, loss of earnings, pain and suffering and other losses. The Accident Claims Tribunal awarded Rs. 26,25,992 jointly against the owners and insurers, finding composite negligence of both drivers; the Bombay High Court reduced the award to Rs. 8,57,352 and the interest rate to 6% per annum. The Supreme Court held that both owners and their insurers were liable for the composite negligence and that compensation must be assessed separately as pecuniary and non‑pecuniary damages, directing higher amounts for several heads and fixing Rs. 3,00,000 for pain, suffering and loss of amenities of life. It also clarified that interest is payable only on the amount that becomes due on the date of award, not on future expenditures. Consequently, the appellant's appeal was allowed in part and the Special Leave Petition filed by the respondents was dismissed.

Issues considered

The liability of vehicle owners and their insurers for damages arising from composite negligence of drivers.
Whether the compensation awarded under the Motor Vehicles Act, 1939 should be reduced as done by the High Court.
How pecuniary and non‑pecuniary damages should be assessed and quantified in motor accident claims.
The rate and scope of interest payable on compensation awarded.
The applicability of Sections 110‑A and 110‑B of the Motor Vehicles Act, 1939 in determining liability and assessment of damages.

Legislation cited

Motor Vehicles Act, 1939s. 110-A, s. 110-B

Subjects

composite negligencemotor vehicle accidentcompensation assessmentpecuniary damagesnon‑pecuniary damagesinterest on damagesMotor Vehicles Actinsurance liabilityparaplegia

Judgment

R.D. HATTANGADI A
v.
MIS. PEST CONTROL (INDIA) PVT. LTD. AND ORS.

JANUARY 6, 1995

[AM. AHMADI, CT AND N.P. SINGH, J.] B

Tort-Composite Negligence-Head on collision between car and Motor
Lorry-Front left side of car entangled with front middle of lorry-R.ashness
on part of drivers of two vehicles--lnjured entitled for damages from owners
of both vehicles. C
Motor Vehicles Act, 1939-Section JlOB-Accident Claim-Fixing
amount of compensation payable to a victim of an accident-Damages to be
assessed separately as pecuniary damages and special damages-Awarding of
compensation for pain and suffering and loss of amenity of life-Special
r
circumstances including age of claimant and dep_rivation suffered to be taken D
into account.

Motor Vehicles Act, 1939-Section JlOB-Accident claim-Pecuniary
Damages--lnjured 52 years of age suffered 100% disability and paraplegia
below waist-Claim for Fowler's Bed, electric wheel chair and air inflated E
be~Award of Rs. 1,47,00r>-<::laim for Home Attendants-Award of Rs.
55,450 for present and Rs. 1,87,200 for future-Claim for Drugs and Tablets
(Allopathic)-Award of Rs. 9,000 for present and Rs. 18,000 for fu-
ture-Claim for Physiotherapy-Award of Rs. 34,200 for present and
Rs.50,000 for future Claim for loss of earning-Award of Rs. 1,80,000.
F
Motor Vehicles Act, 1939-Section llOB-Accident claim-Non
Pecuniary damages--lnjured, an advocate having a good practice, 52 years of
age-Suffered 100% disability and paraplegia below waist-Award of Rs.
1,50,000 for pain and suffering and Rs. 1,50,000 for loss of amenities of life.

Accident Claim-lnterest-Not payable over amount directed to be paid
G
to injured in respect of future expenditure.

The appellant met with an accident while travelling in a car owned
by Respondent No.1. The appellant suffered serious injuries in the head
on collision of the car and a motor lorry resulting in 100% disability and H
75
76 SUPREME COURT REPORTS [1995] 1 S.C.R.

A paraplegia below the waist. Notices given to the Insurance Company and
other parties liable to pay compensation resulted in no response so the
appellant filed a claim petition u/s 110-A of the Motor Vehicles Act, 1939
on 13.11.1980.

The appellant was a practising advocate who used to appear in the
B High Court and Supreme Court of India. He was also a Judge of the City
Civil Court for some time until he resigned in 1964. Because of the ~.

accident, he became disabled and was unable to resume his practice.

The owner of the lorry resisted his liability to pay any compensation \_

C on the ground that the vehicle was insured and so the insurance company '
was liable to pay compensation, if any, to the appellant. The owner of the
car resisted the claim asserting that the accident took place entirely due
to the negligence of the driver of the motor lorry. In any case, according
to the respondent, the compensation claimed was excessive, imaginary and
speculative in nature.
D
The Accident Claims Tribunal passed an Award directing respon-
dents 1 and 2 to pay jointly and severally Rs. 26,25,992 with interest at the
rate of 12% per ~mum from the date of the application till payment. The
insurer of the motor lorry was liable to pay Rs. 50,000 and interest thereon
E and the insurer of the car was directed to pay all the compensation along
with interest on behalf of respondent No. 1. The Tribunal was of the view
that there was composite negligence on the part of the drivers of both
vehicles.

Two appeals were filed against the award, one on behalf of the
F appellant for enhancement of the compensation and the other on behalf of
the owner of the car and its insurance company questioning the validity
and correctness of the award. The High Court reduced the compensation
from Rs. 26,25,992 to Rs. 8,57,352 and the rate of interest to 6% per annum.
Against this the present appeals and S.L.P. have been filed.
G Disposing the matter, this Court

HELD : 1.1 Any damage caused by negligent conduct is generally
actionable irrespective of the kind of activity out of which the damage
arose. Any person usirtg the road as a motorist will be liable, if by his
H action he negligently causes physical injuries to any body else. In the
R.D. HATIJ\NGADI v. PEST CON1ROL (I) PVT. LTD. 77
instant case, the fact that the front left side of the car was entangled with A
the front middle of the lorry indicated about the rashness on the part of
the drivers of the two vehicles.

1.2. While fixing an amount of compensation payable to a victim of
an accident, the damages have to be assessed separately as pecuniary
damages and special damages. Pecuniary damages are those which the B
victim has actually incurred and which is capable of being calculated in
).
terms of money, whereas non-pecuniary damages are those which are
incapable of being assessed by arithmetical calculations. In order to
appreciate the two concepts, pecuniary damages may include expenses
incurred by the claimant on account of: (i) medical attendance (ii) loss of c
earning of profit upto the date of trial; (iii) other material loss. So far as
non-pecuniary damages are concerned, they may include (i) damages for
mental and physical shock, pain and suffering, already suffered or likely
to be suffered in future; (ii) damages to compensate for the loss of
r amenities -of life which may include a variety of matters i.e. on account of
injury the claimant may not be able to walk, run or sit; (iii) damages for D
the loss of expectation of life, i.e. on account of injury the normal longevity
of the person concerned is shortened; (iv) inconvenience, hardship, dis-
comfort, disappointment, frustration and mental stress in life.

~
1.3. Whenever a tribunal or a court is required to fix the amount of E
compensation in cases of accident, it involves some guess work, some
hypothetical consideration, some amount of sympathy linked with the
nature of the disability caused. But ali these elements have to be viewed
_..._ with objective standards.

Ward v. James, [1965) 1 All E.R. 563 and C.K Subramonia Iyer and F
Ors. v. V.T. Kunhikuttan Nair and Ors., AIR (1970) SC 376, relie~ on.

1.4. In the instant case t~e appellant had claimed Rs. 37,688 for
Ayurvedic treatment against which an amount of Rs. 4,000 had been rightly
allowed by the High Court. The appellant's claim for Rs. 21,000 for
Fowler's Bed for the present and Rs. 21,000 for the future, Rs. 50,000 for G
j
electric wheel chair for the present and Rs. 50,000 for the future. Rs. 5,000
for Air Inflated Bed for the present and Rs. 5,000 for the future are
allowed. For Home Attendants, the appellant claimed Rs. 55,450 for the
present and Rs. 1,87,200 for the future. The High Court allowed 36,000 and
Rs. 72,000 respectively. There was no occasion for the High Court to be so H
78 SUPREME COURT REPORTS [1995) 1 S.C.R.

A mathematical on this question. Under the circumstances prevailing in the
society in respect of Home Attendants, the High Court should have allowed
the amount as claimed by the appellant. For Drugs and Tablets (Al-
lopathic), the claim had been made for Rs. 9,000 for the present and Rs.
18,000 for the future. The High Court had allowed Rs. 5,400 and Rs. 10,800
respectively. The claim under this head appeared to be reasonable and
B should have been allowed. Against the appellant's claim for Ayurvedic
treatment for Rs. 7,800 for the present and Rs. 37,440 for the future, the
High Court rightly allowed Rs. 7,200 and Rs. 12,000 respectively. Bedsore
Dressing Charges for the present and future were claimed respectively at
Rs. 72,900 and Rs. 1,29,000 against which the High Court rightly directed
C payment of Rs. 20,000 and Rs. 10,000. The High Court rightly allowed Rs.
10,000 for the present and Rs. 5,000 for the future for Cathetarisation. Rs.
20,100 had been claimed as charges for consulting Surgeons for the present
and Rs. 14,400 for the future. The High Court rightly allowed Rs. 5,000 for
the present and the same amount for the future. For physiotherapy Rs.
D 34,200 were claimed for the present and Rs. 1,87,200 for the future. The
High Court allowed Rs. 12,000 for the present and Rs. 12,000 for the future.
It is well known that for victims of road accidents, physiotherapy is one of
the acknowledged modes of treatment which has to be pursued for a long
duration. The High Court should have allowed Rs. 34,200 as claimed by
the appellant for the present and atleast Rs. 50,000 for the future. In
E respect of loss of earnings a claim had been made for Rs. 1,80,000 but the
High Court allowed Rs. 1,44,000. The High Court should have allowed the
whole claim. For loss of future earning a claim had been made at Rs.
3,60,000. The High Court rightly allowed Rs. 1,62,000, as it is a reasonable
amount to be awarded taking all facts and circumstances in respect of the
F future earnings of the appellant.

1.5. When compensation is to be awarded for pain and suffering and
loss of life, the special circumstances of the claimant have to be taken into
account including his age, the unusual deprivation he has suffered, the
effect thereof on his future lite etc. The amount of compensation for
G non-pecuniary loss is not easy to determine but the award must reflect
\
that different circumstances 'iave been taken into consideration. In this
case as the appellant was a11 Advocate having good practice in different
courts and because of the accident he had been crippled and could move
only on wheel chair, the High Court should have allowed an amount of Rs.
H 1,50,000 in respect of claim for pain and suffering and Rs. 1,50,000 in
I~
_J

')._

R.D. HATTANGADI v. PEST CONTROL (I) PVT. LTD. [N.P. SINGH, J.] 79

respect of loss of amenities of life. Thus a sum of Rs. 3 lakhs is directed A
to be paid as against the claim of Rs. 6 lakhs under the heads 'pain and
-. suffering' and 'loss of amenities of life'.

1.6. Interest is to be paid over the amount which has become payable
on the date of the award and not which is to be paid for expenditure to be
incurred in future. B

CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 1799-
J 1800 of 1989.

From the Judgment and Order dated 3.11.88 of the Bombay High
Court in P.A. Nos. 538/86 & 106 of 1987.
c
G.L. Sanghi, Ms. Urmila Sirur, S.M. Suri, Pramod Dayal, J.K. Das,
J. Savla, V. Kumar and Ms. Nina Gupta for the appearing parties.

The Judgment of the Court was delivered by D
~
N.P. SINGH, J. The appellant met with an accident while travelling
in an Ambassador car (Registration No. MEQ 4583) on 20.5.1980 at about
8.30 AM. near village Sirur on Karwar-Mangalore Road (National High-
way No. 17) within the State of Karnataka. There was a head on collision
between the car in which the appellant was travelling and the Motor Lorry E
(Registration No. MYS 7218). Because of the said collision, the driver of
the car in which the appellant was travelling was thrown out and died on
the spot, whereas the appellant was trapped between the dashboard and
the seat. Mr. Nagarkatti who was also travelling with the appellant in the
car was thrown on the road. The impact was so severe that the front left F
side of the door of the car was jammed and could not be opened. Seeing
the accident, the villagers gathered and broke open the left side of the car
with the help of crow bar and the appellant was taken out. The appe1Iant
was removed to the Kasturba Hospital where he was treated as indoor
patient from 20.5.1980 to 27.5.1980. When the relations of the appellant
reached the hospital, a decision was taken to remove the appellant to G
Bombay and accordingly on 27.5.1980 he was brought to Bombay and was
)' admitted in the Sion Hospital. The. appellant remained in the said hospital
as indoor patient from 27.5.1980 to 2.8.1980. Because of the accident, the
appellant suffered serious injuries resulting into 100% disability and a
paraplegia below the waist. H
80 SUPREME COURT REPORTS [1995] 1 S.C.R.

A The car was owned by M/s Pest Control (India) Pvt. Ltd., respondent
No.1 and was insured with New India Assurance Company Limited,
respondent No.2. The motor lorry was owned by one Madhav Bolar -
respondent No. 3 and was insured by Oriential Fire and General Insurance
Company Limited, respondent No. 4. According to the appellant, the
driver of the car in which the appellant was sitting as well as the driver of
B the lorry which was coming from the opposite side, both were being driven
in a rash and negligent manner which resulted into a head on collision. On
11.10.1980 the appellant gave notice to the Insurance Company and other
parties who were liable to pay compensation and called upon them to pay J.
compensation of Rs. 4,00,000. Since there was no response, on 13.11.1980
C the appellant filed the claim petition under Section 110-A of the Motor
Vehicles Act, 1939 (hereinafter referred to as the 'Act'). Initially, the
appellant made a claim for compensation amounting to Rs. 4,00,000, but
on 16.4.1984 he claimed Rs. 35,00,000 as the compensation from the
respondents and claim petition was amended. The age of the appellant at
D the time of accident was 52 years.

The appellant was a practising advocate before the accident. He was
also a Judge of the City Civil Court for some time until he resigned in the
year 1964. The appellant used to appear in the various courts including the
High Court and t~e Supreme Court of India. Because of the accident, the
E appellant became disabled and he was unable to resume his practice.

The claim made on behalf of the appellant was resisted by the
respondents to the said petition on different grounds. The owner of the
'lorry resisted his liability to pay any amount of compensation on the ground
F that although he was the owner of the said lorry but since it was insured
with respondent No. 4, the insurance company was liable to pay compen-
sation, if any to the appellant. M/s Pest Control (India) Pvt. Ltd., w'1.o were
the owner of the car resisted the claim made on behalf of the appellant
asserting that the driver of the said car was driving the car very cautiously
and carefully and the accident took place entirely due to the negligence on
G the part of the driver of the motor lorry. In any case, according to the said ·
respondent, the compensation claimed on behalf of the appellant was
excessive, imaginary and speculative in nature, which according to the said
respondent was an attempt to make "a fortune out of misfortune". Respon-
dent No.2, New India Assurance Co. Ltd., with whom the car in question
H was insured took a plea that their liability was limited to the requirements
R.D. HATIANGADI v. PEST CONTROL (I) PVT.LTD. [N.P. SINGH, J.] 81

as per law and terms and conditions of the insurance policy issued by them A
in favour of Respondent No.1. The Oriental Fire & General Insurance Co.
Ltd., who had insured the motor lorry of Respondent No. 3, their stand
was also the same that they were bound by the terms and conditions of the
insurance policy.

The Accident Claim Tribunal on consideration of the materials on B
·record and the evidence adduced on behalf of the parties passed on Award
directing respondent Nos.1 and 2 to pay jointly and severally to the
appellant compensation of Rs. 26,25,992 together with interest at the rate
of 12% per annum from the date of the application i.e. 13.11.1980 till
payment and costs of the said application within three months. The c
Tribunal was also of the view that respondent No.4 the insurer of the motor
lorry belonging to respondent No.3 was liable to pay the compensation to
the extent of Rs. 50,000 and interest thereon and proportionate costs. In
the award a direction was given to Respondent No.2, the insurer of the car
to pay all the compensation along with interest and costs on behalf of D
respondent No. 1.

Against the Award aforesaid, two appeals were filed before the High
Court, one on behalf of the appellant for enhancement of the compensation
awarded by the Tribunal and the other on behalf of Mis Pest Control
(India) Pvt. Ltd., respondent No. 1 and New India Assurance Co. Ltd., E
respondent No. 2 questioning the validity and correctness of the award in
question. The High Court by the impugned judgment modified the award
of the Tribunal and reduced the compensation from Rs. 26,25,992 to Rs.
8,57,352. The ij:igh Court has also reduced the rate of interest from 12%
per annum to the rate of 6% per annum. The award against the insurer of F
the lorry-respondent No. 4 was affirmed and direction was given to make
payment with interest at the rate of 6% and the proportionate costs. It was
further directed that if the respondents failed and neglected to pay the
amount in full or part, such defaulted amount shall carry 12% interest per
annum from the date of default till its realisation. On the aforesaid finding
the appeal filed on behalf of the appellant was dismissed, whereas the G
appeal filed on behalf of Respondent Nos. 1 and 2 was allowed by the High
Court in part.

During the last few decades question of payment of compensation
for accidents has assumed great importance, which is co-related with the H
82 SUPREME COURT REPORTS (1995] 1 S.C.R.

A accidents which have touched a new height not only in India but in different
part~ of the world. Initially, the theory of payment of compensation was
primarily linked with tort compensation - only if the injury or damage was
caused by someone's fault. Of late the injury or damage being caused by
someone's fault is being read as because of someone's negligence or
carelessness. That is why any damage caused by negligent conduct is
B generally actionable irrespective of the kind of activity out of which the
damage arose. Even in an action based on the tort, the applicant has to
show that the defendant was negligent i.e. there was a failure on his part
to take that degree of care which was reasonable in the circumstances of
the case. There has never bear any doubt that those using the highways are
c under a duty to be careful and the legal position today is quite plain that
0

any person using the road as a motorist will be liable, if by his action he
negligently causes physical injuries to anybody else.

The Tribunal as well as the High Court has examined the evidence
D adduced on behalf of the parties and have recorded clear findings that at
the relevant time the car and the lorry were being driven in a rash and
negligent manner.· Reference has been made to the evidence adduced on
that question. The fact that the front left side of the car was entangled with
the front middle of the lorry speaks about the rashness on the part of the
drivers of the two vehicles. The Tribunal has also pointed out from the
E materials on record that the motor Clµ' had gone to the wrong side of the
road at the time of the accident. The High Court after referring to the
order of the Tribunal said that after going through the evidence of the
witnesses and the circumstances placed, it was of the opinion that the
Tribunal was right in holding that there was composite negligence on the
F part of the drivers of both the vehicles and because of such negligence the
appellant had sustained such serious injuries. The High Court also said that
in view of composite negligence, the appellant was entitled for damages
form the owners of both the vehicles and consequently the insurers of the
two vehicles shall also be liable subject to the terms and conditions of the
insurance policies. The Tribunal as well as the High Court were satisfied
G that because of the accident aforesaid, the appellant had become
paraplegic and it was not easy to assess the exact compensation which is
payable to him.

Broadly speaking while fixing an amount of compensation payable to
H a victim of an accident, the damages have to be assessed separately as
~
R.D. HATTAN GAD Iv. PEST CONTROL (I) PVT.LTD. [N.P. SINGH, J.] 83

pecuniary damages and special damages. Pecuniary damages are those A
which the victim has actually incurred and which is capable of being
';-
calculated in terms of money; whereas non-pecuniary damages are those
which are incapable of being assessed by arithmetical calculations. In order
to appreciate two concepts pecuniary damages may include expenses in-
curred by the claimant: (i) medical attendance; (ii) loss of earning of profit
B
upto the date of trial; (iii) other material loss. So far non-pecuniary
damages are concerned, they may include (i) damages for mental and
physical shock, pain suffering, already suffered or likely to be suffered in
future; (ii) damages to compensate for the loss of amenities of life which
may include a variety of matters i.e. on account of injury the claimant may
not be able to walk run or sit; (iii) damages for the loss of expectation of c
life, i.e. on account of injury the normal longevity of the person concerned
is shortened; (iv) inconvenience, hardship, discomfort, disappointment
frustration and mental stress in life.

In cannot be disputed that because of the accident the appellant who
was an active practising lawyer has become paraplegic on account of the D
/'- injuries sustained by him. It is really difficult in this background to assess
the exact amount of compensation for the pain and agony suffered by the
appellant and for having become a life long handicapped. No amount of
compensation can restore the physical frame of the appellant. That is why
it has been said by courts that whenever any amount is determined as the E
('
compensation payable for any injury suffered during an accident, the object
is to compensate such injury "so far as money can compensate" because it
is impossible to equate the money with the human sufferings or personal
deprivations. Money cannot renew a broken and shattered physical frame.
F
In the case Ward v. James, [1965] 1 All E.R. 563 it was said :

"Although you cannot give a man so gravely injured much for
his "lost years", you can, however, compensate him for his loss
during his shortened span, that is, during his expected "years of
survival". You can compensate him for his loss of earnings during G
that time, and for the cost of treatment, nursing and attendance.
But how can you compensate him for being rendered a helpless
)
invalid? He may owing to brain injury, be rendered unconscious
...... for the rest of his days, or, owing to back injury, be unable to rise
from his bed. He has lost everything that makes life worth-while. H
84 SUPREME COURT REPORTS (1995) 1 S.C.R.

A Money is no good to him. Yet judges and juries have to do the
best they can and give him what they think is fair. No wonder they
find it well nigh insoluble. They are being asked to calculate the
incalculable. The figure is bound to be for the most part a conven-
tional sum. The judges have worked out a pattern, and they keep
it in line with the change in the value of money."
B
In its very nature whenever a Tribunal or a Court is required to fix
the amount of compensation in cases of accident, it involves some guess
work, some hypothetical consideration, some amount of sympathy linked
with the nature of the disability caused. But all the aforesaid elements have .v
C to be viewed with objective standards.

This Court in the case C.K Subramonia Iyer and Others v. T. Kun-
hikuttan Nair and Others, AIR (1970) SC 376 in connection with the Fatal
Accidents Act has observed:

D "In assessing damages, the Court must exclude all considera-
tions of mattet which rest in speculation or fancy though conjecture
to some extent is inevitable." ,,~

In Halsbury's Laws of England, 4th Edition, Vol. 12 regarding non-
pecuniary loss at page 446 it has been said:
E
"Non-pecuniary loss; the pattern. Damages awarded for pain and ..,
suffering and loss of amenity constitute a conventional sum which
is taken to be the sum. which society deems fair, fairness being
interpreted by the courts in the light of previous decisions. Thus
there has been evolved a set of conventional principles providing
F a provisional guide to the comparative severity of different injuries,
and indicating a bracket of damages into which a particular injury
will currently fall. The particular circumstances of the plaintiff,
including his age and any unusual deprivation he may suffer, is
reflected in the actual amount of the award.
G
The fall in the value of money leads to a continuing reassess- ~·

ment of these awards and to periodic reassessments of damage"s
at certain key points in the pattern where the disability is readily
:{
identifiable and not subject to large variations in individual cases."

H We are informed that during the pendency of the appeal before the •
R.D. HATIANGADI v. PEST CONTROL (I) PVT. LTD. [N.P. SINGH, J.] 85

High Court on basis of interim directions - Rs. 3 lakhs and Rs. 9 lakhs, in A
total Rs. 12 lakhs have been directed to be deposited. However, in the final
decision, the High Court was of the opinion that the appellant was entitled
to Rs. 8,57,352 only as the compensation.

During the hearing of the appeal a chart was circulated showing the B
amounts claimed on behalf of the appellant under different heads and the
amounts allowed or rejected by the High Court, under those heads. So far,
the amount mentioned against Sl. No. 1 is concerned the High Court has
allowed the whole claim of Rs. 47,652 and there is no dispute on that
account. Against Sl. Nos.' 2 to 6 the appellant had claimed Rs. 37,688 for
Ayurvedic treatment against which an amount of Rs. 4,000 has been C
allowed by the High Court. According to us, this part of the judgment of
the High Court does not require any interference. Against Sl. No. 7 the
appellant has claimed for Fowler's Bed, Rs. 21,000 for the present and Rs.
21,000 for the future which has not been allowed. Same is the position in
respect of electric wheel chair against Sl. No.8 which has been claimed at D
the rate of Rs. 50,000 for the present and Rs. 50,000 for the future which
has been rejected by the High Court. According to us, when admittedly
because of the injuries suffered during the accident, the appellant has
become paraplegic, the aforesaid amounts should have been allowed by the
High Court. Accordingly, we allow the said claim for Rs. 1,42,000 under
Sl. Nos. 7 and 8. So far claim for Air Inflated Bed at Sl. No. 9 is concerned, E
the appellant has claimed Rs. 5,000 for the present and Rs. 5,000 for the
future. The High Court has allowed only Rs. 5,000 for the present. Accord-
ing to U8, the remaining amount of Rs. 5,000 also should have been allowed
by the High Court. Coming to the claim for Home Attendants against Sl.
No. 9A, the appellant has claimed Rs. 55,450 for the present and Rs. F
1,87,200 for the future. The High Court has allowed Rs. 36,000 and 72,000
respectively. We feel that there was no occasion for the High Court to be
so mathematical on this question. Under the circumstances prevailing in
the society in respect of Home Attendants, the High Court should have
allowed the amount as claimed by the appellant. We accordingly allow the G
same. For Drugs and Tablets (Allopathic), claim has been made for Rs.
9,000 for the present and Rs. 18,000 for the future. The High Court has
) allowed Rs. 5,400 and Rs. 10,800 respectively under that head as detailed
against SL No. 10. The claim under this head appears to be reasonable and
should have been allowed, we allow the same. Against Sl. No. 11 the
appellant has claimed for Ayurvedic treatment Rs. 7,800 for the present H
86 SUPREME COURT REPORTS [1995] 1 S.C.R.

A and Rs. 37,440 for the future. The High Court has allowed Rs. 7,200 and
Rs. 12,000 respectively. According to us this part does not require any
interference. Under SL No. 12 (i) Bedsore Dressing Charges for the ,. .
present and future have been claimed respectively at Rs. 72,900 and Rs.
1,29,600 against which the High Court has allowed Rs. 20,000 and Rs.
10,000 respectively. In normal course for Bedsore the claim for Rs. 72,900
B for the present and Rs. 1,29,600 for the future appears to be exorbitant.
The High Court has rightly directed payment of Rs. 20,000 and Rs. 10,000.
As such this part of the finding of the High Court does not require
interference. Under SL No. 12 (ii) claim has been made for Cathetarisation
charges at Rs. 1,29,600 for the present and Rs. 2,59,200 for the future. The
C High Court has allowed Rs. 10,000 and Rs. 5,000 respectively. We are of
the opinion that the amount awarded by the High Court under this head
does not require any interference. So far the order of the High Court in
respect of bladder wash charges and enima charges is concerned, it also
does not require any interference. Under SI. No. 13 Rs. 20,100 has been
D claimed as charges for consulting Surgeons for the present and Rs. 14,400
has been claimed for the future. The High Court has allowed Rs. 5,000 for
the present and the same amount for future. We feel that this part of the
finding of the High Court does not require any interference. For
Physiotherapy under SI. No. 14, Rs. 34,200 has been claimed for the present
and Rs. 1,87,200 for the future. The High Court has allowed Rs. 12,000 for
E the present and Rs. 12,000 for the future, It is well known that for victims
of road accidents, Physiotherapy is one of the acknowledged mode of
treatment which requires to be pursued for a long duration. The High
Court should have allowed Rs. 34,200 as claimed by the appellant for the
present and at least Rs. 50,000 for the future. However we allow the same.
F In respect of loss of earnings under SI. No. 15 claim has been made for Rs.
1,80,000, the High Court has allowed Rs. 1,44,000. The High Court should
have allowed the whole claim. We allow the same. For loss of future
earnings, claim has been made at Rs. 3,60,000. The High Court has allowed
Rs. 1,62,000 in respect of loss of future earnings. This part of the award
does not require any interference because an amount of Rs. 1,62,000 can
G be held to be a reasonable amount to be awarded taking all facts and
circumstances in respect of the future earning of the appellant.

The claim under SI. No. 16 for pain and suffering and for loss of
amenities of life under SI. No. 17, are claims for Non-pecuniary Loss. The
H appellant has claimed lump-sum amount of Rs. 3,00,000 each under the
R.D. HATIANGADI v. PEST CON1ROL (I) PVT. LTD. [N.P. SINGH, J.] 87

two heads. The High Court has allowed Rs. 1,00,000 against the claims of A
Rs. 6,00,000. When compensation is to be awarded for pain and suffering
and loss of amenity of life, the special circumstances of the claimant have
to be taken into account including his age, the unusual deprivation he has
suffered, the effect thereof on his future life. The amount of compensation
for non-pecuniary loss is not easy to determine but the award must reflect B
that different circum.>tances have been taken into consideration. According
to us, as the appellant was an Advocate having good practice in different
courts and as because of the accident he has been crippled and can move
only on wheel chair, the High Court should have allowed an amount of Rs.
1,50,000 in respect of claim for pain and suffering and Rs. 1,50,000 in
respect of loss of amenities of life. We direct payment of Rs. 3,00,000 C
(Rupees three lakhs only) against the claim of Rs. 6,00,000 under the heads
'Pain and Suffering' and 'Loss of amenities of life'.

So far the direction of the High Court regarding pa~ent of interest
at the rate of 6% over the total amount held to be payable to the appellant
is concerned, it has to be modified. The High Court should have clarified D
that the interest shall not be payable over the amount directed to be paid
to the appellant in respect of future expenditures under different heads. It
need not be pointed out that interest is to be paid over the amount which
has become payable on the date of award and not which is to be paid for
expenditures to be incurred in future. As such we direct that appellant shall E
not be entitled to interest over such amount.

The appeals of the appellant are allowed to the extent indicated
above. No costs.

Special Leave Petition (C) No. 4586 of 1989 F

This Special Leave Petition has been filed on behalf of Mis Pest
Control (India) Pvt. Ltd. and Anr. against the same judgment of the High
Court. As the Civil Appeal Nos. 1799-1800 of 1989 have been allowed in
part and the amount of compensation awarded to the victim by the High G
Court has been enhanced, this Special Leave Petition has to be dismissed
and it is accordingly dismissed. No. costs.

A.G. Appeals allowed.