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2013 DIGILAW 2554 (BOM)

JC-73562 (Hon. Captain) K. Gangadharan v. National Insurance Company Limited

2013-12-11

A.P.BHANGALE

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Judgment 1. The claimant/appellant is aggrieved by the judgment and award dated 7th January 2003 delivered by learned Member, Motor Accident Claims Tribunal, Nagpur in claim petition no. 677 of 1995 whereby Award was passed in favour of the claimant in the sum of Rs. 1 lakh only inclusive of no-fault liability together with interest at the rate of 9 per cent per annum from the date of petition till realization. 2. It is contended on behalf of the claimant that motor vehicle accident had occurred on 7th December 1991 at Nagpur Kamptee Road opposite Hotel Sangril at Kamptee when claimant was traveling by military van towards Kamptee. When the van was on Nagpur-Bhandara Road at Kamptee, offending truck bearing No. MTG-8430 gave forcible dash to the military van as a result of which claimant had suffered permanent disability to the extent of 60%. Thus, claimant had claimed compensation before the Tribunal on the ground that he suffered damages to the tune of Rs. 3 lacs as he remained in hospital at Kamptee as well as Military Hospital at Pune due to his permanent physical disability arising out of accident. Applicant-claimant also lost opportunities of promotion and consequent increases in his income because of permanent partial disability of 60%. 3. Learned Tribunal held on the basis of evidence led that the applicant-claimant had proved that he had sustained injuries and permanent disablement in the motor vehicle accident occurred on 7th December 1991 caused by rash and negligent driving of the truck. Thus, it was held that claimant was entitled to claim compensation. However, only a sum of Rs. 100,000/- was awarded. 4. Learned counsel for appellant invited my attention to the evidence of claimant in which claimant in paragraph 2 of his deposition deposed that his monthly salary was in the sum of Rs. 4000/- and he was serving as platoon commander, but according to him because of injuries to left portion of his body, he was unable to work. He also suffered loss of his memory because of injuries. He is unable to walk due to damage to the left leg. He thus lost opportunities of further promotion as Subhedar, Major as also prospective increases in his salary. According to learned counsel for the appellant, this evidence before the Tribunal was ignored while awarding compensation which ought to have been just and reasonable. He is unable to walk due to damage to the left leg. He thus lost opportunities of further promotion as Subhedar, Major as also prospective increases in his salary. According to learned counsel for the appellant, this evidence before the Tribunal was ignored while awarding compensation which ought to have been just and reasonable. Learned counsel for the appellant calculated compensation to be awarded taking the monthly income of Rs. 4000 for the claimant-injured at the time of motor vehicle accident. Since 60% of the permanent disability was caused as a result of accident, she claimed compensation on the basis of monthly loss of Rs. 2400/- which, according to her, would amount to annual loss of Rs. 28,800/- and considering age of the claimant which was 52 years at the time of accident, she prayed for to apply multiplier of “11”. Thus, according to her, compensation would exceed even a sum of Rs. 3 lacs. She fairly submitted that if the amount of Rs. 3 lacs is awarded including pains and sufferings, special diet, requirement of attendant, future medical treatment etc. claimant is ready to restrict the claim of compensation to the tune of Rs. 3 lacs only along with reasonable interest as awarded by the Tribunal. 5. On the other hand, learned counsel for the respondent-insurer submitted that the Tribunal has awarded a sum of Rs. 1 lakh which was just and proper compensation for pain and suffering suffered by claimant. He also submitted that claimant was in military service and even after retirement he is earning Rs. 8000/- as pension and he was reemployed after the accident also and was earning. Learned counsel for appellant submits that claimant was not in service after accident. 6. Having considered the permanent total disability assessed at 60% for the claimant, loss of promotional opportunity as Subhedar Major for the claimant as also loss of prospective increases in his salary, the claimant did suffer on account of motor vehicle accident. One cannot ignore pains and sufferings resulting from the accident in case of a permanent disabled person. In the present case disability was ascertained at 60%. Hence, it is but essential that when claimant has suffered permanent physical disability, he would require medical expenses in future. In this case due to military service, claimant may save such expenses. One cannot ignore pains and sufferings resulting from the accident in case of a permanent disabled person. In the present case disability was ascertained at 60%. Hence, it is but essential that when claimant has suffered permanent physical disability, he would require medical expenses in future. In this case due to military service, claimant may save such expenses. But certainly, his total loss of earning in expected span of his life, at least to the extent of 11 years would deem “11” as appropriate multiplier in the present case. If we bear in mind the factors like sufferings of the claimant; pains which he will have to experience; his loss of enjoyment in life; requirement of attendant and conveyance and special diet etc. for a handicapped person during expected span of his life, a sum of Rs. 3 lakh as compensation is a fairly restricted claim in the present case and undoubtedly just, fair and reasonable compensation. Hence, impugned Award is required to be set aside and substituted by order as under: ORDER Appeal is allowed with costs. Respondent is directed to pay Compensation in the sum of Rs. 3 lacs to the appellant together with interest @ 9% per annum from the date of petition till realization. Amount deposited by respondent be adjusted for disbursement of compensation to the claimant. Amount deposited in this Court be transmitted to the Tribunal for disbursal of Compensation Awarded to the claimant pursuant to passing of final Award. Appeal stands disposed of accordingly.