Judgment : R. Basant, J. Heard the learned counsel for the appellant. The appeal is admitted. Issue notice to the respondents. Call for the records. Put up after service is complete and records are received, for hearing and disposal in the usual course. 2. While admitting this appeal, after going through the impugned award, we feel compellingly persuaded to make certain general observations and issue directions. 3. Our experience in this jurisdiction reveals that the Tribunals, before concluding the awards, do not summarise the heads of claim, amounts claimed under each head, amounts awarded and the basis. This leads to the Tribunals committing the indiscretion of omitting to consider claims raised under certain heads as also claims, which though not specifically raised, do arise for consideration. Such omissions can be avoided effectively if Tribunals follow the thumb rule of summarizing the claims staked and the claims awarded in a tabular form at the end of the award. 4. We do also often come across cases where additions are not made properly and errors are committed in working out the total amount. All these, we are satisfied, can be effectively eliminated by Tribunals following strictly the practice of summarizing the result of adjudication in a tabular statement before closing the award in an organized manner without fail. 5. Such a summary statement, if it can be part of every award would ensure proper calibration of the amounts and a ready reckoner for the Tribunal to help the Tribunal to cross check the amounts awarded before final pronouncements of the award. The appellate court would be greatly benefited as it shall have the summary of the award available at fingertips to evaluate the challenge. In these days when many (at least some) counsel – senior as well as junior, unfortunately start arguments for admission without even a note, such summary will go a long way to help the appellate court to conserve and to make optimum use of the available judicial time. 6. We do in these circumstances suggest that in every award, there must be a summary of claims raised and allowed, in the following form to eliminate the possibility of such errors, omissions and inadequacies. Sl. No. Head of claim Amount claimed (in Rupees) Amount awarded (in Rupees) Basis-vital details in a nut shell 1. Loss of earning (Total) A1 B1 Rs.1250/- x 2 months 2.
Sl. No. Head of claim Amount claimed (in Rupees) Amount awarded (in Rupees) Basis-vital details in a nut shell 1. Loss of earning (Total) A1 B1 Rs.1250/- x 2 months 2. Loss of earning (partial) A2 B2 Rs.1,250 x 2 months x ½ 3. Medical and miscellaneous expenses A3 B3 Rs. ……(acceptable bills for Rs. …. Produced) 4. Future treatment A4 B4 5. Bystander expenses A5 B5 Rs. …x… days 1 person 5. 6. Transportation expenses A6 B6 Rs…….(Bills for Rs…. Produced) 6. 7. Extra nourishment A7 B7 Total period of treatment….months 7. 8. Damage to clothing, etc. A8 B8 Rs…. 9. Pain and suffering A9 B9 Rs… .…. Major fractures suffered Inpatient for …. Days ….. surgical procedures undergone 10. Loss of dependency A10 B10 Rs….. x 2/3 x 12 x Multiplier 11. Loss of consortium A11 B11 Couple aged … and …. Years at the time of death 12. Loss of love and affection A12 B12 Widow+3 minor children-aged mother 13. Loss of estate A13 B13 14. Loss/reduction in earning capacity A14 B14 Rs…. (monthly income) x 12x PREC/100 x Multiplier) (PREC-Percentage of Reduction in Earning Capacity) 15. Loss of amenities and conveniences, etc. A15 B15 13. 16. Any other heads A16 B16 Total Rs….. Rs….. Rs…../along with interest at the rate of …… % p.a from … to ….. (Please note that entries in the basis column are only illustrations or examples) 7. We note that practically in every case where there is a physical disability and a claim for compensation for reduction in earning capacity, there is a dispute about the extent of physical disability. The Tribunals mark the Disability Certificates without examining the author thereof. This leaves the claimant guessing as to whether he need/should examine the expert who issued the same. Invariably in such cases a contention is raised that opportunity to examine the expert is not given. Most Tribunals do not care to examine and to make a record of the physical condition of the claimant to ascertain for themselves existence and the extent of physical disability. This leads to a very unenviable situation before the superior courts. 8. We therefore suggest that in every case where there is a disability, the Tribunal must invariably (subject of course to just exceptions) direct the claimant to be present personally for the Tribunal to observe the disability.
This leads to a very unenviable situation before the superior courts. 8. We therefore suggest that in every case where there is a disability, the Tribunal must invariably (subject of course to just exceptions) direct the claimant to be present personally for the Tribunal to observe the disability. In the presence of the counsel for the contestants the Tribunal must examine the victim/claimant and record its perception of the disability in its own words in the proceedings paper. The same must be read over to the parties/counsel. Such recording must be extracted in the award. We are conscious of the fact that the Tribunals, are not experts in the ascertainment of the disability. At least, the alleged disability can be perceived and recorded faithfully and made available in the awards. This would be a very valuable input to a appreciate the Disability Certificate and to ascertain the extent of reduction in earning capacity consequent to the alleged physical disability. Parties/counsel and the Tribunals must insist and ensure that such course is followed. When the Tribunal feels that the disability certificate marked cannot be accepted without proof, the Tribunal shall always have the option to direct the parties to offer proof thereof or to direct the injured/victim to appear before the Medical Board to assess the extent of physical disability competently. 9. Contentions are raised at the Bar before the appellate court that opportunity has not been afforded to examine witnesses. If a party wants to produce and examine witness, the list of witnesses must be furnished along with copy of the chief affidavits sufficiently early and such witnesses must be made available for examination on the date of hearing. Where witnesses are to be summoned, if the same be necessary in the peculiar facts, applications to that effect must be filed by the party sufficiently early along with the list of witnesses and appropriate orders on such application must be passed by the Tribunal. We do hope that hereafter we will not have to entertain an unsubstantiated argument/contention that the litigant was not permitted to examine a witness. 10. We direct the Registry to communicate these observations/directions to all the Motor Accident Claims Tribunals for strict compliance hereafter. We want the Bar and the litigants also to know these directions to ensure compliance. Hence this order though not a final order is certified for reporting.
10. We direct the Registry to communicate these observations/directions to all the Motor Accident Claims Tribunals for strict compliance hereafter. We want the Bar and the litigants also to know these directions to ensure compliance. Hence this order though not a final order is certified for reporting. Active and inspired efforts by the bench and the Bar can certainly help the cause of making just and reasonable compensation available to the deserving expeditiously.