Judgment ( 1. ) THIS appeal has been preferred by the claimant-appellant calling in question the adequacy of compensation awarded by Ninth Addl. Motor Accidents claims Tribunal, Bhopal in M. C. C. No. 10 of 1996 as per award dated 10. 7. 1998. ( 2. ) CLAIMANT Mohd. Abdul Kalam, aged 26 years, was travelling on a scooter No. MP 04-N 8374 as a pillion rider. He was going to Safia College, where he was a student of LL. B. final year. He had passed b. Com. and M. Com. and was preparing for public Service Commission examination. Scooter was driven by Habib at Sufia Mosque square, near Chinar Apartment, a jeep no. MP 04-J 2063 came from opposite direction, driven by C. Shrinivas Raghwan, owned by Jinco and insured with New india Assurance Co. Ltd. at an excessive speed driven rashly and negligently by its driver, dashed the scooter and the claimant sustained severe injuries. There was fracture of L-1 vertebra in the vertebral column. An iron rod was inserted in the backbone. Dr. Shivaji Bisal, CW 3, assessed the disability at 100 per cent as per the certificate (Exh. P130 ). Claimant suffered with paraparesis and sensory loss below ankle in both lower limbs. ( 3. ) IT was claimed that the claimant was preparing for PSC examination. It was further averred that claimant was the best player of hockey and was a member of bhopal Senior National Hockey Team in 1993. He got the championship certificate and played Junior Hockey at National and international level. As a sportsman also he had a bright future. Due to disablement his future has become totally dark. Claimant was unmarried, due to loss of sensation in lower part of body and injury to bladder, he had become totally unfit for living conjugal life, he has lost prospects of marriage, in addition he has to engage a servant for his remaining lifetime so as to support him. Medical treatment was obtained at Bhopal and Bombay. For disability, the expenditure incurred in treatment, future treatment, special diet, physical pain and mental suffering, for loss of marriage prospects, for engaging an attendant, for being deprived to lead a life of sportsman, towards loss of future earning capacity, total compensation of rs. 60,00,000 was claimed. ( 4. ) THE owner and driver remained ex pane. Insurer New India Assurance Co.
60,00,000 was claimed. ( 4. ) THE owner and driver remained ex pane. Insurer New India Assurance Co. Ltd. in its written statement contended that driver of the jeep was not negligent, extent of the injury and disability caused was also denied. The claimant has obtained expensive treatment at Bombay. Other facts were also denied, excessive compensation was claimed. Factum of insurance of the vehicle was also denied. Driver of the jeep was not holding valid and effective driving licence. ( 5. ) CLAIMS Tribunal as per impugned award has found that 75 per cent permanent disability has been incurred by the claimant in the accident in question negativing 100 per cent disability as stated by Dr. Shivaji bisal. The Claims Tribunal has awarded as per vouchers a sum of Rs. 91,292 towards medical expenditure, for attendant to be employed by the claimant compensation of rs. 38,400 has been awarded, on account of loss of future prospects as the claimant would not be able to play again in future also he would not be able to obtain an employment nor would be able to do any business, he requires the assistance of an attendant, owing to 75 per cent permanent disability, a sum of Rs. 60,000 has been awarded. For assessing the pecuniary loss owing to the injuries sustained, income has been assessed at the notional figure of Rs. 15,000 per annum as provided in second Schedule to Motor Vehicles Act, 1988, multiplier of 16 has been applied, compensation of Rs. 2,40,000 has been awarded for loss of earning capacity due to permanent disability. Total compensation of Rs. 4,29,692 has been awarded. ( 6. ) MS. Shobha Menon, learned senior counsel appearing along with Ms. Manjeet chuckal has submitted that inadequate compensation has been awarded by the claims Tribunal to a young man who has been totally crippled. He was a student of ll. B. final year and possessed the qualification of M. Com. Thus, he would have earned at least a sum of Rs.
Shobha Menon, learned senior counsel appearing along with Ms. Manjeet chuckal has submitted that inadequate compensation has been awarded by the claims Tribunal to a young man who has been totally crippled. He was a student of ll. B. final year and possessed the qualification of M. Com. Thus, he would have earned at least a sum of Rs. 10,000 per month of which he has been deprived of, compensation has not been awarded on account of expenditure on attendant during the course of treatment, under the head of conveyance also adequate compensation has not been awarded, plus on account of special diet compensation has not been awarded, for loss of chances of marriage also compensation has not been awarded, thus, compensation be suitably enhanced. ( 7. ) MR. S. K. Rao, learned senior counsel appearing with Mr. Ajit Agarwal for the insurer New India Assurance Co. Ltd. submitted that adequate compensation has already been awarded, claimant has not become totally crippled, he can obtain employment in the category of handicapped person, thus, no case for enhancement is made out, appeal be dismissed. ( 8. ) FIRST we assess the disability and loss caused to the claimant due to permanent disability that has been incurred. The injuries are quite serious in nature, the bright future of a sportsman who was hale and hearty and represented Bhopal at National level in the Junior Hockey Team as was evinced from certificate, has been darkened. The claimant has to live his remaining life not as an active sportsman or a person able to earn the livelihood independently, but as a crippled man with the help of an attendant. Claimant is present in person before us and we have seen his condition also. As reflected in the medical evidence, he suffers with paraparesis and sensory loss below ankle in both lower limbs. Marriage of a bright young man could not be performed due to the injuries sustained in the accident. As his bladder was seriously injured, we find that claimant has become unable to live conjugal life as stated by him. Thus, the chances of his marriage have also finished. He is by now aged 36 years and his marriage, as stated, has not been performed, he can walk if given the support by another person from one side and that too by the other hand he has to take the support of stick.
Thus, the chances of his marriage have also finished. He is by now aged 36 years and his marriage, as stated, has not been performed, he can walk if given the support by another person from one side and that too by the other hand he has to take the support of stick. Thus, we affirm the finding of Tribunal that 75 per cent permanent disability has been incurred by the claimant. His chances of becoming a good player and obtaining proper employment elsewhere have finished. He has become handicapped. By virtue of qualification of b. Com. , M. Com. and LL. B. , in our opinion, he would have earned at least a sum of Rs. 5,000 per month but for accident in question. Thus, his annual income comes to Rs. 60,000. On account of 75 per cent permanent disability we assess the loss of earning at Rs. 45,000 per annum. The date of birth of claimant was 15. 5. 1968, his age was 26 years on the date of accident, multiplier of 18 is applicable, thus, compensation on account of permanent disability comes to Rs. 45,000 x 18 = Rs. 8,10,000. For loss of future prospects and marriage chances, compensation of Rs. 60,000 that has been awarded by the Claims Tribunal, we enhance it to Rs. 1,00,000, a sum of rs. 91,292 has been awarded by the Claims tribunal towards medical expenditure, we round it off to Rs. 92,000. For expenditure in future on attendant a sum of Rs. 38,400 has been awarded, that we affirm. The claimant was hospitalised w. e. f. 23. 9. 1994 to 14. 11. 1994 at Hamidia Hospital, Bhopal and thereafter he was admitted in Bombay hospital w. e. f. 15. 11. 1994 to 17. 12. 1994. At least for four months the claimant was confined to bed. Thus, he must have spent a sum on the special diet which we assess at Rs. 2,500 per month and award a sum of Rs. 10,000 under the head of special diet. Some amount must have been spent on the attendant during the period he was hospitalised, i. e. , for 21/2 months, a sum of Rs. 10,000 is awarded for expenditure on attendant as he was treated not only at bhopal but at Bombay also.
2,500 per month and award a sum of Rs. 10,000 under the head of special diet. Some amount must have been spent on the attendant during the period he was hospitalised, i. e. , for 21/2 months, a sum of Rs. 10,000 is awarded for expenditure on attendant as he was treated not only at bhopal but at Bombay also. For conveyance the amount of air ticket to Bombay has already been included in the sum of expenditure of Rs. 91,292 by the Claims tribunal, however, certain other amount must have been spent on other conveyance which we quantify at Rs. 3,000 for treatment at Bhopal and Bombay. For physical pain and mental suffering, we award a sum of Rs. 20,000, thus, we award the compensation under the following heads: The compensation enhanced by this court to carry interest at the rate of 7 per cent per annum from the date of filing of claim petition till realisation except for the period 1/11/2003 to 11/5/2005 considering the fact that earlier a compromise was entered into on 1/11/2003 and thereafter the said order was recalled on 11/5/2005, as such we decline the interest for the aforesaid period to the claimant. ( 9. ) CONSEQUENTLY, the appeal is partly allowed to the aforesaid extent. Parties to bear their own costs as incurred of this appeal. Appeal partly allowed.