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2005 DIGILAW 201 (UTT)

Alok Kumar v. Ashok Kumar

2005-06-14

P.C.VERMA, PRAFULLA C.PANT

body2005
JUDGMENT P.C. Verma and Prafulla C. Pant, JJ. 1. This appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (Act 59 of 1988), is directed against the award and order dated 30.1.2004, passed by Motor Accidents Claims Tribunal/Additional District Judge, Haldwani, District Nainital, whereby Claims Tribunal has awarded a sum of Rs. 86,500 as compensation to claimant-appellant on account of injury received by him in the accident in question and rejected the claim in respect of the rest of amount. (Amount claimed was Rs. 5,00,000). 2. Brief facts of the case are that on 12.1.2002 at about 8.45 p.m., the claimant- appellant was travelling by an auto bearing registration No. UP 02-B 7601 in Haldwani, when suddenly a bus bearing registration No. 04-A 0375, which was being driven rashly and negligently by its driver, dashed with the auto. In the accident, the appellant suffered fracture in the left leg and also fracture in the forearm. He was rushed to Civil Hospital, Haldwani, where-from he was referred for further treatment to Bareilly. The report of the accident was lodged to the police and was registered as Crime No. 259 of 2002. The appellant's case is that he spent more than Rs. 1,00,000 in his treatment and had to remain in the hospital for more than one month. It is further alleged that the appellant lost his job as salesman by which he was earning Rs. 5,000 per month due to the accident. The owner of the vehicle and the insurance company contested the claim before the Tribunal. The owner in his written statement submitted that his vehicle was insured with New India Assurance Co. Ltd. under the cover note No. 117867 dated 25.5.2001. Insurance company contested the claim on the ground that the company was not informed of the accident nor the vehicle plied with the valid documents. Learned Tribunal framed as many as five issues and recorded the evidence. It decided all the issues in favour of the claimant but as to the quantum of compensation, the Claims Tribunal found that the claimant could prove expenditure of Rs. 61,500 only in his treatment. For the loss as to his earnings, Rs. 25,000 was further awarded to him. As such, in all, the claim petition was allowed for Rs. 86,500. Aggrieved by which this appeal is preferred by the claimant. 3. 61,500 only in his treatment. For the loss as to his earnings, Rs. 25,000 was further awarded to him. As such, in all, the claim petition was allowed for Rs. 86,500. Aggrieved by which this appeal is preferred by the claimant. 3. We heard learned counsel for the parties and perused the entire record. 4. Perusal of oral evidence shows that Alok Kumar, PW 1, (injured) was aged 28 years at the time of accident. It is also proved from the evidence on record that he was earning Rs. 4,000 per month as a salesman and lost his job due to the accident. The injury report (paper No. 30-C) prepared by the Medical Officer, S.S. Jina Base Hospital, Haldwani, corroborates the injuries received by the claimant-appellant. Following injuries were recorded by the Medical Officer on 12.1.2002 at about 9.25 p.m.: (1) Lacerated wound of exposed bone on middle of left thigh (advised X-ray of left thigh). (2) Lacerated wound of size 20 cm. x 3 cm. from back of left knee joint to the left ankle joint-fresh bleeding. (3) Traumatic swelling of right wrist joint (advised X-ray of left wrist). (4) Lacerated wound of size 10 cm. x 3 cm. traumatic swelling around the right elbow joint (X-ray of right elbow joint). (5) Lacerated wound of size 3 cm. x 2 cm. on left middle forearm on posterial side. The claimant has also filed before the learned Tribunal all the papers relating to the treatment and purchase of medicines. He has successfully proved as found by the Tribunal that he spent Rs. 61,500 in his medical treatment. 5. Learned counsel for the appellant argued before this court that loss of his earnings was not correctly assessed by the learned Tribunal as appellant has been deprived of the job due to the accident. Perusal of the lower court record shows that paper No. 33-C is original disability certificate, issued by the Chief Medical Officer, Pilibhit, the place to which the appellant belongs. This certificate is dated fracture in the left 9.4.2003 and declares that the appellant Alok Kumar is a handicapped person with 50 per cent permanent disability. That being so, we are in agreement with the submission of learned counsel for appellant that proper assessment of loss of income of the claimant has not been made. This certificate is dated fracture in the left 9.4.2003 and declares that the appellant Alok Kumar is a handicapped person with 50 per cent permanent disability. That being so, we are in agreement with the submission of learned counsel for appellant that proper assessment of loss of income of the claimant has not been made. In our opinion, in view of the 50 per cent permanent disability of claimant-appellant, he is entitled to compensation to the tune of half of his monthly income, i.e., Rs. 4,000 / 2 = Rs. 2,000 per month. As such annual loss is Rs. 2,000 x 12 = Rs. 24,000. Since the age of the claimant-appellant was only 28 years at the time of the accident, therefore, the multiplier of 14 in the present case, appears to be just and reasonable. Therefore, the net compensation payable to the appellant on account of loss of his income is Rs. 24,000 x 14 = Rs. 3,36,000, apart from the compensation payable to him on account of medical treatment, which as discussed above is Rs. 61,500. Therefore, appeal deserves to be allowed and the amount of compensation deserves to be enhanced to Rs. 3,97,500. Accordingly the appeal is allowed. The claimant-appellant shall be entitled of Rs. 3,36,000 (instead of Rs. 25,000, awarded by the Tribunal towards the loss of income) in addition to Rs. 61,500 for medical expenses. As such, the total amount payable shall be Rs. 3,97,500. The amount shall be paid by New India Assurance Co. Ltd., respondent No. 2, which may deposit the unpaid amount of compensation before Motor Accidents Claims Tribunal within a period of one month, failing which it shall be liable to pay 9 per cent interest per annum on the unpaid sum, till the payment is made. No order as to costs.