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2014 DIGILAW 305 (PNJ)

Amrit v. Chottu Ram

2014-02-07

JITENDRA CHAUHAN

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Mr. Jitendra Chauhan, J.: - The present appeal has been filed by the claimant-appellant seeking enhancement of the compensation amount awarded by the Learned Motor Accident Claims Tribunal, Hisar, (for short ‘the Tribunal’), vide award dated 28.1.2013, on account of injuries sustained by the appellant in a motor vehicular accident. 2. Learned counsel for the appellant contends that the left leg of the appellant was amputated from above the knee. He was 35 years old bachelor at the time of accident. The Ld. Tribunal has awarded Rs. 60,000/-, which is highly inadequate. He further submits that the Ld. Tribunal has not taken into consideration the disability certificate issued by the Medical Board reflecting 85% permanent physical disability of his lower limb and prays that adequate compensation under different heads i.e loss of income, loss of future treatment, special diet, transportation charges, pain and suffering and loss of enjoyment of life etc. may be awarded to the appellant. In support of his submissions, he placed reliance on Kavita v. Deepak and Others, [2012(5) Law Herald (SC) 3593] : 2012(4) Recent Apex Judgments 302. 3. On the other hand, learned counsel for the respondents submits that amount awarded by the learned Tribunal is just and adequate and the appeal deserves to be dismissed. 4. I have heard the learned counsel for the parties and perused the case file. 5. In the instant case, the disability certificate Ex.P64 issued by the Medical Board, Hisar has not been considered by the Ld. Tribunal on the ground that none of the members of the Board was summoned. The certificate bears the photograph of the appellant. There is no explanation on the record that why doctor was not examined. 6. It is admitted fact that the Amrit-appellant sustained injuries in a motor vehicular accident. His left leg was amputated and he suffered 85% permanent physical disability of lower limb. This Court has perused the original certificate. A photocopy of the said certificate is placed on record. 7. In Kavita (supra) Hon’ble the Apex Court observed as under:- “`18. 6. It is admitted fact that the Amrit-appellant sustained injuries in a motor vehicular accident. His left leg was amputated and he suffered 85% permanent physical disability of lower limb. This Court has perused the original certificate. A photocopy of the said certificate is placed on record. 7. In Kavita (supra) Hon’ble the Apex Court observed as under:- “`18. In light of the principles laid down in the aforementioned cases, it is suffice to say that in determining the quantum of compensation payable to the victims of accident, who are disabled either permanently or temporarily, efforts should always be made to award adequate compensation not only for the physical injury and treatment, but also for the loss of earning and l liability to lead a normal life and enjoy amenities, which would have been enjoyed but for the disability caused due to the accident. The amount awarded under the head of loss of earning capacity are distinct and do not overlap with the amount awarded for pain, suffering and loss of enjoyment of life or the amount awarded for medical expenses”. 8. In the present case, the injured was 35 years bachelor at the time of accident. He was earning Rs. 7000/- per month. 9. The Learned Tribunal has awarded Rs. 60,000/- to the appellant, which is on the lower side. 10. Consequently, keeping in mind the fact in the present case that the appellant’s leg had to be amputated (as a result of the injuries sustained in the accident), this Court is inclined to enhance the compensation already awarded to the appellant to get fixed an artificial limb on his left leg/ below knee so as to enable him to lead a normal life, as much as may be possible through the use of such an artificial limb. The expected cost of an artificial limb in the present case is about Rs. 25,000/- and the life span of such an artificial limb is about 5 years. ( Rs. 25,000 x 5= Rs. 1,25,000/- ). It is ordered that Rs. 25,000/- shall be released for purchase of artificial limb on certification by the Civil Surgeon concerned and remaining amount shall be kept in FDR in separate account. The amount so deposited shall be used only for purchase of artificial limb, when life span of one limb is over. 25,000 x 5= Rs. 1,25,000/- ). It is ordered that Rs. 25,000/- shall be released for purchase of artificial limb on certification by the Civil Surgeon concerned and remaining amount shall be kept in FDR in separate account. The amount so deposited shall be used only for purchase of artificial limb, when life span of one limb is over. The interest accrued in the fixed deposit shall take care of the price escalation in the cost of the artificial limb. 11. Accordingly, this Court awards Rs. 2 lac for pain and suffering, Rs. 2 lacs for loss of amenities and loss of expectation of life, Rs. 50,000/- for loss of earning during the period of treatment and Rs. 10,000/- for transportation charges. 12. The enhanced amount shall be paid to the claimant-appellant, within 45 days from the date of the receipt of the certified copy of the judgment, failing which, the appellants shall be entitled to get interest @ 7.5% per annum from the date of filing of the appeal till its realisation. 13. Accordingly, the instant appeal is partly allowed and the award is modified to the extent indicated above.