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2014 DIGILAW 120 (CHH)

Hemant Kumar v. Kamal Sethia

2014-03-12

PRITINKER DIWAKER

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JUDGMENT : PRITINKER DIWAKER, J. 1. This appeal filed by claimant arises out of the award dated 4.11.2011 passed by the Motor Accidents Claims Tribunal, Jagdalpur (hereinafter referred to as 'the Tribunal') in Claim Case No. 291 of 2009 awarding compensation of Rs. 1,67,642/- in favour of the injured-claimant with interest at the rate of 6 per cent per annum from the date of claim petition. Facts of the case, in brief, are that on 19.8.2009 when the appellant-claimant was riding his bicycle, he was dashed by Tata Sumo bearing registration No. CG 17-D 0754 resulting in grievous injuries to the claimant, including fracture of both his legs. 2. A claim case filed by the injured-claimant before the Tribunal for compensation of Rs. 9,90,000/-, inter alia, pleading that at the time of accident he was 17 years of age; was a State level athlete; remained in hospital for about 50 days and incurred heavy medical expenses apart from loss of income; suffered 45 per cent permanent disability in his right leg and 50 per cent permanent disability in his left leg and his bright future as athlete has been ruined. 3. However, the Claims Tribunal after appreciation of the evidence on record by the impugned award granted a total compensation of Rs. 1,67,642/- in favour of the claimant along with interest at the rate of 6 per cent per annum from the date of application till realization on the following heads: 4. The learned counsel for the appellant submits that the compensation awarded by the Tribunal is very much on the lower side and is required to be increased suitably for the following reasons: "(i) That the Tribunal while assessing the compensation has ignored the fact that claimant was a State level athlete, on account of the injuries suffered by him in the accident in both the legs, he has sustained total 70 per cent permanent disability as per medical certificate, Exh. A3, and his entire bright future as athlete is ruined and, therefore, he is entitled for a suitable compensation; (ii) That the Tribunal has awarded a meagre amount of Rs. A3, and his entire bright future as athlete is ruined and, therefore, he is entitled for a suitable compensation; (ii) That the Tribunal has awarded a meagre amount of Rs. 1,00,000/- towards permanent disability, pain and suffering and future medical expenses which, in the facts and circumstances of the case, is on the lower side; (iii) Likewise, looking to the period of hospitalisation the amount awarded for special diet is also inadequate and needs to be enhanced suitably; (iv) That the Claims Tribunal has also not awarded any amount under other conventional heads, such as for loss of amenities, attendant, transportation and loss of matrimonial prospects, etc." 5. On the other hand, supporting the impugned award learned counsel appearing for the insurance company submits that looking to the nature of injuries sustained by the appellant and the evidence adduced by the parties on record, the compensation awarded by the Tribunal is just and proper and requires no further enhancement. 6. Heard learned counsel for the parties and perused material available on record. 7. From the pleadings it is apparent that the appellant was a State level athlete. He has also filed the certificate showing his status as a State athlete. As per medical certificate, Exh. A3, he suffered 45 per cent permanent disability in his right leg and 50 per cent in his left leg, total 70 per cent permanent disability. From the statement of Dr. V.K. Jha, AW 1, it is evident that even normal walk of the appellant would be difficult in future. Thus, it can safely be presumed that the injuries suffered by the appellant in the said accident are sufficient to put an end to his athletic career, which he would have pursued successfully but for the injuries resulting in total disablement to the extent of 70 per cent. 8. So far as income of the appellant is concerned, as he is a young boy and has not pleaded any income, taking into consideration the facts and circumstances of the case, his family background of agriculturist, his annual income can be assessed at Rs. 45,000/-. However, there is no evidence on record to show that the appellant will not be in a position to earn anything in future due to his said disablement and would be confined to his bed. 45,000/-. However, there is no evidence on record to show that the appellant will not be in a position to earn anything in future due to his said disablement and would be confined to his bed. Thus, considering the law laid down by the Apex Court in the matter of Raj Kumar Vs. Ajay Kumar and Another, (2011) 1 SCC 343 : (2011) 1 SCC(Cri) 1161, in a case like the present one, 50 per cent can be taken as loss of earning capacity, which if taken so comes to Rs. 22,500/-. As at the time of accident, the appellant was aged 17 years, multiplier of 18 would be applicable in the present case. After applying this multiplier, the total loss of future earnings comes to Rs. 4,05,000/-. 9. It cannot be disputed that on account of the injuries caused in the accident the claimant has become immobile. It is really difficult to assess the exact amount of the compensation towards the pain and agony suffered by him and for having lost his bright future as an athlete. No amount of compensation can restore the physical frame of the claimant. That is why it has been said by the Apex Court in plethora of cases that whenever any amount is determined as compensation payable for any injury suffered during an accident, the object is to compensate such injury so far as money can compensate, because it is impossible to equate the money with the human suffering and personal deprivations. Money cannot renew a broken and shattered physical frame. 10. In the instant case, the appellant-claimant suffered 70 per cent permanent disablement restricting his free movement and is also deprived of reasonable enjoyment in life. Moreover, it can also not be denied that on account of his disablement, his matrimonial prospects have been affected. The claimant must have suffered great pain during the treatment, must have incurred expenses on conveyance and would also be incurring expenses on his treatment in future. Thus, considering all these things, in the opinion of this court the appropriate compensation under the other heads is as follows: As regards the amount awarded by the Tribunal under the heads of loss of income to the father, i.e., Rs. 6,000/-, for interruption in studies of claimant, i.e., Rs. 5,000/- and medical expenses, i.e., Rs. Thus, considering all these things, in the opinion of this court the appropriate compensation under the other heads is as follows: As regards the amount awarded by the Tribunal under the heads of loss of income to the father, i.e., Rs. 6,000/-, for interruption in studies of claimant, i.e., Rs. 5,000/- and medical expenses, i.e., Rs. 51,642/-, in view of the evidence available on record, the same appears to be just and proper and needs no enhancement. 11. On the basis of aforesaid discussions, the appellant is held entitled for a total compensation of Rs. 7,32,642/- and since the Tribunal has already awarded Rs. 1,67,642/-, after deducting the same the appellant is entitled for enhancement of Rs. 5,65,000/-. This additional amount of compensation shall carry interest at the rate of 6 per cent per annum as awarded by the Tribunal from the date of filing of claim petition till realization. 12. The real implementation of this progressive social welfare legislation, i.e., Motor Vehicles Act, 1988 for social security is to ensure that the actual benefit of the award goes to the injured-claimant only and the same is not frittered away by the middlemen and other unscrupulous persons intervening sometimes between the victims of the accidents or their legal representatives and the payment machinery. Thus, keeping in view all these things, this court deems it fit and orders that out of the enhanced amount of compensation, that is, Rs. 5,65,000/- along with interest accrued thereon, appellant-claimant shall be given only Rs. 1,00,000/- in cash within 4 weeks from today and rest of the amount shall be kept in fixed deposit in any nationalised bank of the choice of the appellant in his name for a period of 5 years. The monthly interest accruing on the amount so deposited shall be credited in the savings account of the appellant-claimant. During the said period, if the appellant wants to withdraw a portion or entire deposited amount for his personal or any other expenses, including development of his asset, then he is at liberty to file application before the Tribunal for release of the deposited amount, who, in turn, after considering the same shall pass appropriate order in this regard. In the result, the appeal is allowed and the award impugned stands modified to the above extent.