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2006 DIGILAW 1612 (AP)

VINAY KUMAR SAH v. N. KRISHNA BALAJI

2006-12-21

D.K.SINHA, M.Y.EQBAL

body2006
M. Y. EQBAL, D. K. SINHA, JJ. ( 1 ) THESE two appeals filed by the claimant and by the insurance company are directed against the judgment and award dated 26. 5. 2005 passed by the third Additional District Judge, Dhanbad in Title M. V. Suit No. 85 of 1997 whereby a sum of Rs. 22,70,000 has been awarded to the claimant for the injuries sustained by him in a motor vehicle accident. ( 2 ) THE facts of the case lie in a narrow compass: the claimant Vinay Kumar Sah was in the service of BCCL and was working on the post of Assistant Colliery Manager at simla Bahal Colliery, Bhalgara area. On 15. 6. 1996 while he was coming from his duty to his residence at Singh Nagar Officer's Colony, Jharia by his scooter, he was dashed by a truck bearing registration No. AP 9-U 5058. The truck was running in a very high speed and was being driven rashly and negligently and dashed the claimant, as a result of which he fell down and both of his hands came under the wheel of the truck. It was stated that due to the said accident, both hands of the claimant were completely damaged and he became totally and permanently disabled. The respondent contested the claim by filing written statement taking various defences including that amount of compensation claimed by the claimant is baseless, imaginary and highly inflated. The Claims Tribunal after considering the entire evidence came to the conclusion that appellant insurance company is liable to pay compensation. While assessing compensation, Claims Tribunal found that at the time of accident, claimant was getting salary of Rs. 10,000 but when he was examined as witness, according to his pay slip, he was getting basic salary of rs. 17,867. The Tribunal further held that on account of loss of fingers in the accident the monetary loss sustained by the claimant is to the extent of 15 per cent of his basic pay as an underground allowance. Tribunal after taking gross income of the claimant at Rs. 20,000 and taking 60 per cent of the said amount,. e. , Rs. 12,000, principle of multiplier was applied and the compensation amount was assessed at Rs. Tribunal after taking gross income of the claimant at Rs. 20,000 and taking 60 per cent of the said amount,. e. , Rs. 12,000, principle of multiplier was applied and the compensation amount was assessed at Rs. 22,70,000 and awarded the said amount together with interest at the rate of 6 per cent per annum payable for a period of two years till the date of the award. ( 3 ) M. A. No. 136 of 2005 has been filed by claimant with a grievance that interest should be allowed on the ground that interest has not been awarded in accordance with law. ( 4 ) M. A. No. 174 of 2005 has been filed by the insurance company challenging the quantum of compensation on the ground, inter alia, that the claimant has not suffered any monetary loss and, therefore, the quantum of compensation assessed by the tribunal is highly exorbitant and excessive. ( 5 ) WE have heard Mr. Alok Lal, the learned counsel for the insurance company and Mr. M. B. Lal, learned counsel for the claimant. ( 6 ) FIRST we have heard the appeal on 8. 11. 2006 and after hearing the parties, we directed the claimant to appear in person, so that we could see the extent of the injury sustained by the claimant. ( 7 ) THE claimant appeared in person. On question he very fairly and honestly stated that at present he is getting Rs. 32,000 as salary per month. But because of the injury he has been deprived of from underground allowance. He very fairly submitted that he has not suffered much monetary loss but his service is at the mercy of the employer. Seeing the claimant, we find that fingers of his left hand have been smashed due to the accident. In the right hand also some injury has been found which disfigured his fingers. Because of the loss of fingers and injury on the hand he is not in a position to lead normal life and he has been totally deprived of all his enjoyment in daily life. We also called the officers of the insurance company who after seeing the extent of injury agreed to pay a sum of Rs. 7,00,000. Certainly, the amount of compensation of Rs. 22,70,000 awarded by the Claims tribunal is highly exorbitant but in our considered opinion, a lump sum amount of Rs. We also called the officers of the insurance company who after seeing the extent of injury agreed to pay a sum of Rs. 7,00,000. Certainly, the amount of compensation of Rs. 22,70,000 awarded by the Claims tribunal is highly exorbitant but in our considered opinion, a lump sum amount of Rs. 10,00,000 (rupees ten lakh) by way of compensation would meet the ends of justice. ( 8 ) SO far the appeal filed by the claimant is concerned; there is no question of awarding interest in view of the judgment passed in this appeal. Consequently, M. A. No. 136 of 2005 is dismissed. ( 9 ) M. A. No. 174 of 2005 is allowed in part and it is directed that lump sum amount of Rs. 10,00,000 (rupees ten lakh) shall be the compensation amount payable to the claimant. The insurance company is directed to pay the aforesaid amount after deducting the amount, if any, paid to the claimant. So far as statutory amount deposited by the appellant insurance company is concerned, the appellant is directed to withdraw the amount. Orders accordingly of. - .