RAJASTHAN STATE ROAD TRANSPORT CORPN.versusALEXIS SONIER & ANR.

                        [2015] 12 S.C.R. 564


A       RAJASTHAN STATE ROAD TRANSPORT CORPN.
                                  v.
                      ALEXIS SONIER &ANR.
                   (Civil Appeal No.2967 OF 2012)
B
                         OCTOBER 8, 2015
           [RANJAN GOGOi AND R.K. AGRAWAL, JJ.]
           Motor Vehicles Act, 1988: s.166 - Accident claim -
c    Claimant, American citizen met with an accident while he was
    in India due to rash and negligent driving of Corporation bus
    - He suffered injuries and after treatment shifted to America
    by air under medical supervision of doctors - Claim for
    compensation - Commissioner appointed to visit America
D   to record the statements of 11 persons by order dated
     11. 7.1990 - Evidence recorded by Commissioner - No
    objection taken by Corporation regarding evidence recorded
    by Commissioner of those persons also who were not named
    in order dated 11. 7. 1990 ~ Tribunal awarded compensation
E   of Rs. 1.25 crores including a sum on account of Special
    damages in respect of medical expenses in USA borne by
    Medi-Ca/ - Corporation and claimant both appealed before
    the High Court- Plea before High Court by Corporation that
    evidence of the persons who were not named in the order
F   dated 11. 7. 1990 cannot be taken into consideration - High
    Court deleted the amount under the head Special damages
    on the ground that there is no manner for the courts in India
    to verify the fact as to whether or not the said amount will be
G   paid to the concerned Medi-Cal department by claimant -
    Further, it held that statements of persons recorded by
    Commissioner cannot be ignored in view of fact that
    Corporation did not raise objection earlier - Held: Tribunal
    specifically recorded that counsel of Corporation was asked
H   as to whether he has any objection to take on record the
                                  564
   RAJASTHAN STATE ROAD TRANSPORT CORPN. v.                    565
                ALEXIS SONIER

statements of witnesses but he did not raise any objections A
and the statements of witnesses were taken on record - In
this view of the matter; it is not now open for the Corporation
to raise this plea now- There were evidence to the effect that
the bus was driven rashly and negligently - Therefore, the
question of accident being a result of contributory negligence B
would not arise - High Court rightly observed that it is difficult
to keep a track as to whether the amount awarded under head
'Spec~a/ damages' wot..ld be paid over to the Medi-Ca/
Department or not, and therefore, the High Court was justified
in disallowing compensation under the said category - C
However; the claimant is entitled to claim Rs. 10 /akhs for
keeping an attendant for the rest of his life - Plea - New plea.

     Disposing of the appeals, the Court
                                                                D
      HELD: 1. Though the Commissioner recorded
evidence of persons viz., AW-1 OA to AW- 19 except AW-
18 who were not named in the order dated 11.07.1990,
yet, when the Commissioner filed the report along with
the evidence so recorded, a specific question was put E
to the counsel of the Corporation as to whether he has
any objection but he did not raise any objection. In this
view of the matter, it is not now open for the Corporation
to raise this plea. [Para 12) [575-B-C; G]
                                                            F
      2. The site plan which was taken into consideration
by the High Court, showed that the bus was driven at a
sufficiently high speed and skid marks of the tyres of
bus are about 32 ft. in length which were because of the
speed of bus. The speed of the bus was quite high and G
at the relevant time it could not be stopped immediately.
The High Court, therefore, correctly held .that the bus was
driven rashly and negligently and at a very fast speed.
Therefore, the question of accident being a result of
                                                            H
566       SUPREME COURT REPORTS              [2015] 12 S.C.R.


A contributory negligence does not arise. So far as the
  question regarding the amount of damages/award in
  respect of Medi-Cal, which was deleted by the High Court
  is concerned, in the State of California, there is a Scheme
  under which persons who are not covered under any
B insurance scheme like claimant are extended medicare
  facilities for which no payment is to be made by such
  persons and only the amount received as
  reimbursement has to be handed over to the Medi 7Cal
  Department. In the present case, the Medi-Cal
C Department has already incurred expenses for the
  treatment of the claimant. It will be very difficultto keep a
  track, as observed by the High Court, as to whether the
  amount awarded under this head would be paid over to
  the Medi-Cal Department or not, and therefore, the High
0
  Court was justified in modifying the award of the Tribunal
  by disallowing US$125,348.01 under the category
  'Special Damages' relating to the Medi-Cal. However,
  the claimant had claimed a sum of Rs. 10 lakhs for
E keeping an attendant for the entire life. This Court, in
  the case of Sanjay Verma has held that where any claim
  is made towards cost of attendant from the date of
  accident till he remains alive and it is also proved, then
  that claim is justified. The claimant is entitled for a sum
F of Rs. 10 lakhs plus interest at the rate of 6% per annum
  from the date of presentation of the claim petition till the
  date of actual payment towards expenses to be incurred
  for keeping an attendant for the rest of his life to look
  after him. Even though the claimant had not claimed any
G amount in US dollars in the claim petition and the entire
  claim was in the Indian currency, the amount awarded
  by the Tribunal in respect of some of the items under
  head 'Special Damages' has been given in terms of US
  dollars and the exchange rate has been applied at the
H rate of 14 per US dollar. This has been done on the
  RAJASTHAN STATE ROAD TRANSPORT CORPN. v.                       567
               ALEXIS SONIER

specific finding that the claimant himself had claimed A
exchange rate of Rs. 14 per US dollar. As in the present
case, claimant had claimed the amount only in Indian
rupees and there is no specific mention of US dollars,
there is no question of applying any exchange rate. The
Tribunal, while awarding compensation under the head B
'Special Damages' in terms of US dollars when converted
into Indian rupees, the amount comes much less than
the amount claimed by the claimant in the claim petition.
Therefore, there is no question of any further reduction
in the said amount. The amount of Rs. 10 lakhs towards · C
the cost of helper/attendant is appropriate and does not
call for any further enhancement. [Paras 13 to 16] 576-B-
H; 577-A, E-H;· 578-C-F]
     Sanjay Verma v. Haryana Roadways 2014 (1)                   D
     SCR 924: (2014) 3 sec 210- relied on ..

     United India Insurance Co. Ltd. and Others. v.
     Patricia Jean Mahajan and Others 2002 (3) SCR
     1176: (2002) 6 SCC 281 - referred to.                       E
                       Case Law Reference
2014 (1) SCR     924             relied on.       Para 11
2002 (3)   SCR    1176           referred to.     Para 15
                                                                 F
     CIVIL APPELLATE JURISDICTION: Civil Appeal No.
2967 of 2012

     From the Judgment and Order dated 23.04.2010 of the
High Court of Judicature for Rajasthan at Jaipur in S.B. Civil   G
MiscellaneousAppeal No. 2629 of2003

     S. K. Bhattacharya, N. B. Paonam for the Appellant.

    Pravin Satale, Rajiv Shankar Dvivedi for the
Respondents.                                                     H
568       SUPREME COURT REPORTS                 [2015) 12 S.C.R.


A         The Judgment of the Court was delivered by

          R.K. AGARWAL, J. Civil Appeal No. 2967 of 2012

        1.This appeal has been filed by the Rajasthan State Road
B Transport Corporation (in short 'the Corporation')-the appellant
  herein against the judgment and order dated 23.04.2010
  passed by the High Court of Judicature for Rajasthan at Jaipur
  Bench, Jaipur in S.B. Civil Misc. Appeal No. 2629 of 2003
  wherein the appeal filed by the present appellant has been
c partly allowed and the sum of US$125,348.01 awarded
  by the Motor Accidents Claims Tribunal (in short 'the Tribunal')
  under the category 'Special Damages' has been disallowed
  and the remaining part of the award has been maintained.

         Civil Appeal Nos. 9944-9946 of 2011
D
       2. The above appeals have been filed by Alexix Sonier
  through next friend-Mrs. Dominique Sonier (his mother)-
  against the aforementioned order passed by the High Court
  wherein the appeal filed by the claimant for enhancement of
E amount awarded by the Tribunal has been dismissed.

         Brief facts:

        3. Alexix Sonier-the claimant is an American citizen. On
F 08.01.1988, the claimant was participating in a 'Peace March'
  along with the citizens of various other countries from
  Ahmedabad, in the State of Gujarat to Ra jg hat, in New Delhi.
  While participating in the aforesaid march along with a group
  of other persons, between Jaipur and Delhi, near Chandwazi,
G a bus of the Corporation, bearing Registration No. RNP-897,
  which was driven by one Banwari Lal Chowdhary rashly and
  negligently, at a very high speed, came and struck the claimant
  from behind. As a result of which, the claimant fell down on the
  road and became unconscious and sustained injuries in the
H said accident. The claimant was taken to the Sawai Man Singh
   RAJASTHAN STATE ROAD TRANSPORT CORPN. v.                      569
         ALEXIS SONIER [R.K.AGARWAL, J.]

Hospital, Jaipur where it was found that among other injuries A
he had also received head injury. Three surgical operations
were performed on the claimant, however, he did not regain
consciousness. On medical advice, the claimant was shifted
to Vadilal Sarabhai Hospital, Ahmedabad, Gujarat and despite
all possible efforts, the condition of the claimant did not B
improve. He was disct-.arged from the hospital atAhmedabad
on 22.04.1988 and shifted by air, under medical supervision
of the doctors, to the United States of America. The claimant,
through his next friend-Mrs. Dominique Sonier-his mother, filed
a claim petition through an authorized person viz., Surendra C
Nath Singh Javeria. Mrs. Dominique Sonier-mother of the
claimant also joined the said claim petition through that
authorized person. In the claim petition, after narrating the
entire facts of the accident, injuries as also the treatment D
undergone, a total sum of Rs. 2,02,36,000/- as compensation
was claimed along with interest at the rate of 18% per annum
from the date offiling of the claim petition till the actual date of
payment.

     4.The various heads under which the claimant had             E
claimed damages/compensation are-as follows:-

     (i) For treatment undertaken in India

     Rs. 1,50,000/- less Rs. 16411.79 =Rs. 1,33,588.21            F

     (ii) Expenses to be paid to Dr. Chawala for his services
     +the amount spent in shifting the patient from Jaipur to
     Ahemadabad by air: Rs. 1_,40,000/-

     (iii) The amount spent for treatment in America = Rs.       G
     13,00,000/-

     (iv) The amount proposed to be spent on keeping a nurse
     at home at the rate of Rs. 40, 0001- per month. A sum of
     Rs. 4,00,000/- is claimed under this head.               H
570         SUPREME COURT REPORTS                  [2015] 12 S.C.R.


A          (v) Compensation for loss of earning Rs. 1,68,000/-

           (vi) Compensation for loss of future earnings Rs.
           1,25,00,000/-

           (vii) Compensation for physical and mental suffering Rs.
 B
           25,00,000/-

           (viii) Compensation for need of a helper Rs.25,00,000/-

           (ix) Compensation for keeping an attendant Rs.
c          10,00,000/-

           (x) Compensation for the loss of earning of his mother
           who will look after him Rs. 10,00,000/-

           Hence, a total sum of Rs. 2,02,36,000/-was claimed.
D
          5. The Corporation, apart from raising the objections on
   technical grounds, denied the manner in which the accident
   occurred as stated in the claim petition. A specific stand was
   taken that the accident occurred or:i account of the negligence
 E of the claimant himself and, at best, it was a case of contributory
   negligence as the claimant was trying to cross the road but
   midway he back tracked and met with an accident. It was
   further pleaded that the best medical facilities were available
 F at Jaipur and there was no need to shift the claimant from Jaipur
   to Ahmedabad without having the full treatment at Jaipur itself.
   Also, there was no necessity for the claimant to proceed to
   United States of America without proper treatment and the
   Corporation was not liable for the condition of the claimant-
 G Respondent No. 1 herein. Further, the expenses in the claim
   petition were very high and exaggerated so also the amount
   of compensation claimed.

            6. The Tribunal held the claim petition to be in accordance
      with law and properly presented. It, however, held that the
 H
  RAJASTHAN STATE ROAD TRANSPORT CORPN. v.                                     · 571
        ALEXIS SONIER [R.K. AGARWAL, J.]

accident had occurred on account of negligence on the part of A
the driver of the Corporation. The Tribunal, on the basis of
evidence on record, awarded damages as follows:-

"(a) Special Damages                                       [))liar       Rupees
(i) Expenses incurred on treatrrent in India                          50,000/-
                                                                                    B
(ii) Air Fare for Jaipur toAhrredabad                                   4,000/-
(iii) Air Fare to Ahr.redabad to USA                                  1,00,000/-
(iv) Medical Expenses in USA
      borne by Medi-Cal                               125,348.01
(v) Medical expenses in USA borne by parents             25,000.00
(vi) Future expenses on Medical Treatrrent                            4,00,000/-
(vii) Loss of inoorre by aaimant                      408,000.00                  c -
(viii) Loss of inoorre of attending rrother              81,584.00
(ix) Future expenses for managerrent
      of attendant                                       60,000.00
 (x) Expenses on TVIO Comrissions                                     1,61,954/-
 (b) General Damages
 (i) For pain, sufferance and rrental agony                           10,00,000/- D
 (ii) For loss of arrenities and enjoyrrent of life                   10, 00, 000/-
 Total                                       $699,932.01 Rs. 27, 15,954/-
  So Total damages in Rupees: (699932.01x14) + 2715954 =Rs. 1,25, 15,002.14
  In round figure, it is Rs. 1,25, 15,002/-"

                                                                                  E
      The Tribunal further awarded interest at the rate of 6 per
cent per annum with effect from the date of presentation of the
claim petition, that is, 07.07.1988, after deducting a sum of
Rs. 25,000/- paid to the two Commissioners who were
appointed for the recording of evidence and Rs. 1, 16,411.69/                      F
- towards the expenses incurred and the amount paid by the
Corporation for the treatment etc., in India to the claimant.

      7. Being aggrieved by the Award dated 29.09.2003, the
Corporation as also the claimant have filed appeals before G
the High Court. The High Court gave an opportunity to the
parties to arrive at a mutual settlement regarding the claim but
the Corporation declined to negotiate the matter. It may be
mentioned here that on an application filed by the claimant
                                                                 H
 572        SUPREME COURT REPORTS                 [2015] 12 S.C.R.


 A before the Tribunal seeking appointment of a Commissioner
    to the United States of America to record the statements of 11
    persons, the Tribunal, vide order dated 11.07.1990, allowed
    the said application to record the statements of 11 persons as
    mentioned in the order and also appointed a Commissioner
 B for that purpose. It was contended by the appellant thatAW-
    1OA to AW-19 all of whom except AW-18 were not named in
    the order dated 11.07.1990. The Commissioner submitted his
    report and also the evidence of all the persons recorded by
   him before the Trinbunal. No objection was taken by the
, cCorporation regarding recording of evidence of persons not
   named in the order dated 11.07.1990. In fact, the Tribunal, in
   its order dated 24.06.1991, has specifically recorded that Mr.
   Manish Bhandari, learned counsel who appeared on behalf of
   the Corporation was asked as to whether he has any objection
 0
   to take on record the statements of witnesses but he did not
   raise any objection and the statements of witnesses were taken
   on record.

         8) Before Ule High Court, the Corporation took an
 E objection that the evidence recorded by the Commissioner of
   the persons who were not named in the order dated 11.07.1990
   cannot be taken into consideration. The Corporation also
   objected to the order of the Tribunal awarding damages under
 F the head 'Special Damages' in respect of medical expenses
   incurred in United States of America borne by Medi-Cal
   amounting to US$125,348.01 on the ground thatwitnessAW-
   18 had admitted that in the State of California a medical
   programme is in force under which persons who were not
 G covered under any insurance and/or unable to pay their medical
   expenses, all their medical expenses will be borne by the State.
   According to the Corporation, since the aforesaid amount has
   been awarded under the head of medical expenses borne by
   Medi-Cal, the claimant cannot be held entitled to receive the
 H
   RAJASTHAN STATE ROAD TRANSPORT CORPN. v.                          573
         ALEXIS SONIER [R.K.AGARWAL, J.)

aforesaid amount of US$125,348.01 and the same is liable             A
to be reduced. It was further submitted before the High Court
that the claimant has failed to prove the negligence on the part
of the driver of the Corporation and the Tribunal has erred in
applying and holding the Corporation liable. The High Court,
on appreciation of evidence on record, upheld the findings of        B
the Tribunal thatthe driver of the bus of the Corporation was
negligent and driving the bus rashly and it is not a case of
contributory negligence, however, the High Court deleted the
amount of US$125,348.01 under the head of special damages
on the ground that there is no manner for the courts in India to     C
verify the fact as to whether or not the aforesaid amount will be
paid to the concerned Medi-Cal department by the claimant
and apart from it, no statutory enactment of any such Schema
was produced before the Court in evidence of existence of
                                                                     0
such a Scheme for the Court to take cognizance of. Moreover,
there is no averment in the claim petition regarding the amount
spent by the Medi-Cal Programme and for reimbursing the
aforesaid amount to the said department: The High Court
further held that the statements of the persons recorded by the      E
Commissioner, pursuantto the order dated 11.07.1990, cannot
be ignored and have to be taken into consideration in view of
the fact that the Corporation had raised no objection, as would
be clear from the order dated 24.06.1991. The High Court,
however, declined to enhance the amount of award by the              F
Tribunal by stating that it cannot be said to be inadequate.

      9. Heard the arguments advanced by learned counsel
for the parties and perused the records. Since a common
question of law and facts arise in these appeals, they are being G
disposed of by this common judgment.

      10. Learned Counsel forthe Corporation submitted that
the High Court erred in law in upholding the order of the Tribunal
                                                                     H
574       SUPREME COURT REPORTS                  [2015] 12 S.C.R.


A awarding compensation to the claimant which is highly on the
  exaggerated side. He further submitted that the claimant had
  not claimed any damages in terms of US Dollars and claim
  was made only in Indian currency, therefore, the award of
  compensation by the Tribunal as upheld by the High Court in
B respect of certain claims in US Dollars was not justified in law.
  He further submitted that there was no question of applying
  the currency exchange rate of Rs. 14 per US Dollar as the
  claim itself has not been made in it. He further contended that
  the driver of the bus of the Corporation was not at fault and he
C was not driving the bus rashly or speedily and in fact, if at all,
  the accident was a result of contributory negligence, and
  therefore, the Corporation is not liable to pay any amount as
  damages or compensation.

D       11. Learned counsel for the claimant, on the other hand,
  submitted that the High Court was not justified in deleting the
  medical expenses in USA borne by Medi-Cal, as in the State
  of California, it is government policy that medical treatment is
  to be given by the State to such persons who are unable to
E afford and further such persons are not reimbursed by anybody
  else, how~ver, if any reimbursement of any medical expense
  is received, it has to go to the State. He further submitted that
  the claimant was entitled to the amount given by the Tribunal
F under expenses borne by Medi-Cal. He further submitted that
  the claimant was also entitled for the amount to be spent for
  helper/attendant to be engaged as the claimant had suffered
  brain injury and have been confined to bed. According to him,
  as the expenses have been incurred and are to be incurred in
G US dollars, exchange rate which was prevalent at the time of
  the passing of the award by the Tribunal ought to be given. In
  support of this, he placed reliance on a decision of this Court
  in Sanjay Verma vs. Haryana Roadways (2014) 3 SCC 210.

          12. With regard to the plea taken by the Corporation that
H
  RAJASTHAN STATE ROAD TRANSPORT CORPN. v.                      575
      · . ALEXIS SONIER [R.K. AGARWAL, J.]

the statement of the persons recorded by the court appointed A
Commissioner, who were not named in the order dated
11.07.1990 cannot be taken on record is concerned, we find
that though the Commissioner has recorded evidence of
persons viz.,AW-10AtoAW-19 exceptAW-18 who were not
named in the order dated 11. 07 .1990, yet, when the B
Commissioner filed the report along with the evidence so
recorded, a specific question was put to the counsel of the
Corporation as to whether he has any objection but he did not
raise any objection as would be clear from the order dated
24.06.1991 passed by the Tribunal which for ready reference C
is reproduced below:

     "On behalf of the applicant Shri Bhartiya and on behalf of
     R.S.R.T.C. Shri Manish Bhandari and Commissioner
     Shri Bhag Chand Jain are present. Today Shri Bhag D
     Chand Jain, court commissioner presented an
     application annexing the statements which he recorded
     of 10 witnesses after visiting America. Shri Manish
     Bhandari was asked whether he has any objection to
     take on record the statement of witnesses Dr. E.Scott E
     Conner, Dr. Thomas Z. Weber, Mr. Courtney Billups, Mr.
     Kent Furguson, Mr. Walter Joseph Babine, Mr. Jan
     Robert, Mrs. Nancy Brooks, Miss Maureen Mckenzie,
     Mrs Carole Kellogg and Mr. Ivan Sonier. Mr. Ivan Sonier F
     which was recorded in his presence. He did not raise
     any objection. Therefore the aforesaid statements of
     witnesses are taken on record and exhibited as AW 1OA
     and AW-19. The applicant concludes his depositions."

    In this view of the matter, it is not now open for the      G
Corporation to raise this plea.

     13. So far as the question as to whether the accident in
question which occurred on 08.01.1988 was a result of
                                                                H
576        SUPREME COURT REPORTS                    [2015112 S.C.R.


A contributory negligence or the driver of the bus of the
   Corporation was driving rashly and speedily is concerned, we
   find.that the driver of the bus had denied that any accident in
   fact had taken place, however, the site plan (Exh. 52), which
   has been taken into consideration by the High Court, shows
B that the bus was driven at a sufficiently high speed and skid
   marks of the tyres of bus are about 32 ft. in length which were
   because of the speed of bus. The speed of the bus was quit~
   high and at the relevant time it cannot be stopped immediately.
  The High Court has, therefore, correctly held that the bus was
C driven rashly and negligently and at a very fast speed.
  Therefore, the question of accident being a result of contributory
   negligence does not arise. So far as the question regarding
  the amount of damages/award in respect of Medi-Cal, which
D has been deleted by the High Court is concerned, we are of
  the considered opinion that in the State of California, there is
  a Scheme under which persons who are not covered under
  any insurance scheme like claimant are extended medicare
  facilities for which no payment is to be made by such persons
E and only the amount received as reimbursement has to be
  handed over to the Medi-Cal Department. In the present case,
  we find that the Medi-Cal Department has already incurred
  expenses for the treatment of the claimant. It will be very difficult
  to keep a track, as observed by the High Court, as to whether
F the amount awarded under this head would be paid over to
  the Medi-Cal Department or not, and therefore, in our
  considered view, the High Court was justified in modifying the
  award of the Tribunal by disallowing US$125,348.01 under
  the category 'Special Damages' relating to the Medi7Cal.
G
       14. However, we find that the claimant had claimed a
  sum of Rs. 10 lakhs for keeping an attendant for the entire life.
  Neitherthe Tribunal nor the High Court had given any amount
  under the said head. We find that this Court, in the case of
H Sanjay Verma (supra), has held that where any claim is made
I

       RAJASTHAN STATE ROAD TRANSPORT CORPN. v.                     577
             ALEXIS SONIER [R.K.AGARWAL, J.]

    towards cost of attendant from the date of accident till he A
    remains alive and it is also proved, then that claim is justified.
    In paragraph 22 of Sanjay Verma (supra) this court has held
    as follows:

         "22. In the claim petition filed before the Motor Accidents B
         Claims Tribunal the claimant has prayed for an amount
         of Rs 2,00,000 being the cost of attendant from the date
         of accident till he remains alive. The claimant in his
         deposition had stated that "he needs one person to be
         with him all the time". The aforesaid statement of the C
         claimant is duly supported by the evidence of PW 1 who
         has described the medical condition of the claimant in
         detail. From the aforesaid materials, we are satisfied
         that the claim made on this count is justified and the
         amount of Rs 2,00,000 claimed by the claimant under D
         the aforesaid head should be awarded in full. We order
         accordingly."

          Following the principles laid down by this Court in Sanjay
    Verma (Supra) reproduced above, we accordingly hold that E
    the claimant is entitled for a sum of Rs. 10 lakhs plus interest
    at the rate of 6 % per annum from the date of presentation of
    the claim petition till the date of actual payment towards
    expenses to be incurred for keeping an attendant for the rest
    of his life to look after him.                                   F

           15. We further find that even though the claimant had not
    claimed any amount in US dollars in the claim petition and the
    entire claim was in the Indian currency, the amount awarded
    by the Tribunal in respect of some of the item& under head G
    'Special Damages' has been given in terms of US dollars and
    the exchange rate has been applied at the rate of 14 per US
    dollar. This has been done on the specific finding that the
    claimant himself had claimed exchange rate of Rs. 14 per US
    dollar. Even though this Court in the case of United India H
578          SUPREME COURT REPORTS              [2015) 12 S.C.R.


A Insurance Co. Ltd. and Others. Vs. Patricia Jean Mahajan
  and Others (2002) 6 SCC 281 has held that there would be
  three relevant dates for the purpose, viz., the date on which
  the amount became payable, the date of the filing of the suit
  and the date of the judgment and it would be fairer to both the
B parties to take the latest of these dates, namely, the date of
  passing of the decree as the relevant date for applying the
  conversion rate. Yet, where the prayer for passing a decree is
  indicated in rupees, there would not be any dispute regarding
  what rate of conversion to be applied. As in the present case,
C we find from the claim petition that claimant had claimed the
  amount only in Indian rupees and there is no specific mention
  of US dollars, there is no question of applying any exchange
  rate. The Tribunal, while awarding compensation under the
  head 'Special Damages' in terms of US dollars when converted
0
  into Indian rupees, we find that the amount comes much less
  than the amount claimed by the claimant in the claim petition.
  Therefore, there is no question of any further reduction in the
  said amount.
E       16.We are also of the view that the amount awarded by
  the Tribunal as modified by the High Court and further modified
  by us by awarding a sum of Rs. 10 lakhs towards the cost of
  helper/attendant is appropriate and does not call for any further
F enhancement. In view of the aforementioned discussions, Civil
  Appeal No. 2967 of2012 is dismissed. However, Civil Appeal
  Nos. 9944-9946 of 2011 are partly allowed. Interlocutory
  applications, if any, are disposed of accordingly. In the facts
  and circumstances of the case, the parties shall bear their own
G costs.

      Devika Gujral                              Appeals disposed of.




H