12 years after taxi driver lost his leg, here’s why Calcutta High Court nearly doubled compensation to Rs 20 lakh

The fateful day

• The accident took place near a tram car track at about 6.40 am in December 2013.
• The victim claimed that he was walking along the track for some personal work when a truck came at high speed in a rash and negligent manner and hit him from behind.
• In the impact, the petitioner fell on the road, and the truck’s wheels ran over his legs.
• He was later taken to a hospital, and his left leg had to be amputated due to the injuries sustained.
• The petitioner lodged a complaint with the police authority against the driver of the offending vehicle on the same day of the accident.

Justice Biswaroop Chowdhury was hearing appeals challenging the trial court’s November 2015 order.

‘Income, future prospects’

• The court observed that it is not unusual for a taxi driver to earn Rs 15,000 per month.
  As the trial court did not consider the future prospects of the petitioner, the high court held that 30 per cent should be added towards this aspect.
• Considering the nature of the injury, medical expenses both present and future, the cost of an artificial limb, and pain and suffering, the court held that Rs 2 lakh under these heads would be just and reasonable.
• If the petitioner’s monthly income is considered to be Rs 15,000, then after adding 30 per cent future prospects, the total monthly income comes to Rs 19,500.
• Thus, the annual income of the petitioner comes to Rs 2. 34 lakh.
• As the disability suffered by the petitioner is 50 per cent, the annual loss due to disability is Rs 1.17 lakh.
• As the victim was 38 years old, a multiplier of 15 is to be applied, and therefore, the total loss due to disability is Rs 17.55 lakh.

• The petitioner should get Rs 2 lakh on account of pain sufferings, mental agony, medical expenses, both present and future.
• A total compensation of Rs 19.55 lakh should be awarded to the petitioner as per the arithmetical calculation.
• However, this court is of the view that compensation of Rs 20 lakh is just and reasonable.
• The petitioner is entitled to withdraw the compensation amount of Rs 20 lakh, along with accrued interest, if any, upon compliance with the necessary formalities.
• The insurance company should pay the compensation amount, along with interest, by depositing the same before the registrar general high court within eight weeks from the date of communication of this order.

‘Compensation excessive’

• Appearing for the insurance company, advocate Parimal Kumar Pahari submitted that the trial court had erred in considering the income of the petitioner to be Rs 12,000 without any documents.
• He further submitted that the trial court should not have considered the monthly income of the claimant to be Rs 12,000, and the compensation awarded is excessive.

‘Over 50% disability’

• Representing the taxi driver, advocate Sanat Kumar Mallick argued that the trial court should have considered the nature of the petitioner’s disability to be 86 per cent and not 50 per cent.
• Mallick further submitted that the trial court erred in not considering the petitioner’s income to be Rs 15,000 per month.
• He also mentioned that future medical costs, costs of artificial limbs, and future prospects should also be taken into consideration and granted to his client.