JUDGMENT Mr. K. Kannan, J:- The accident was on 27.05.2000. It was a collision with a motor cycle being driven by the deceased on the left side of the road. A truck came on the wrong side of the road and struck against the motor cycle. Both persons travelling on the motor cycle fell down and yet another bus coming by ran over the appellants due to which Mukteshwar suffered injuries and Partap died on the spot. The Tribunal found the insurer of the truck viz; New India Assurance Company Ltd. liable to pay. Incidentally, the insurer of the bus was also the same company. 2. The appellant in FAO No.4328 of 2002 had received serious injuries in the accident that were fractures of the femur bone and two fractures of tibia and fibula bones and suffered 30% permanent disability. 3. The claimant was a Corporal in Indian Air Force. After the accident, he had been placed lowest in medical category ‘C’. He had been on sick leave for 8 weeks after the initial period of hospitalization from 27.05.2000 to 10.02.2001. It is not very clear whether there was any loss of pay but since he had a disability assessed at 30% with serious consequences of degrading his health status to ‘C’ category, I take the loss of income earning capacity also at 30% and work the income loss by taking the income, making provision for a 50% increase on the average income he could have otherwise earned. Since, he had been fully treated in Military Hospital, I have provided only for provision for attendant charges during the period of canvalescence and transportation. The various heads are tabulated as under:- ---------------------------------------------------------------------------------------------------------------------------------------- INJURY CASE ---------------------------------------------------------------------------------------------------------------------------------------- Age 26 years Period of Hospitalization 27.05.2000 to 10.02.2001 sick leave 11.02.2001 to 07.04.2001 Occupation Corporal in Indian Air Force ---------------------------------------------------------------------------------------------------------------------------------------- Heads of claim Tribunal High Court Sl. No. Amount (Rs) Amount (Rs.) ---------------------------------------------------------------------------------------------------------------------------------------- 1 Loss of income 1,00,000 2 Medical expenses (i) Medicines (ii) Hospital Charges (iii) Attendant Charges 10,000 (iv) Special Diet 5000 (v) Transport INJURY CASE 3 Pain & Suffering included by the Tribunal with disability 50,000 4 Disability 30% 30% 5 Loss of earning capacity 30% income 8500 12750 Multiplier 17 30 % of loss of earning capacity 7,80,300 6. Loss of amenities 50,000 1,00,000 7 Reduction in life expectancy 8 Loss of prospect of marriage ---------------------------------------------------------------------------------------------------------------------------------------- Total 1,50,000 9,45,300 ---------------------------------------------------------------------------------------------------------------------------------------- 4. Loss of amenities 50,000 1,00,000 7 Reduction in life expectancy 8 Loss of prospect of marriage ---------------------------------------------------------------------------------------------------------------------------------------- Total 1,50,000 9,45,300 ---------------------------------------------------------------------------------------------------------------------------------------- 4. I had directed the insurer to examine the case for settlement. The insurer has shown utter insensibility to the issue and would not move to the negotiation table. There shall be an award of Rs. 9,45,300/-. For sheer non-cooperative attitude and defiance, I shall impose costs of Rs. 25,000/- against the insurer. The additional amount shall attract interest @9% per annum from the date of petition till the date of payment. 5. The award stands modified and the appeal in FAO No.4328 of 2002 is allowed on the above terms. 6. The appeal in FAO No.4329 of 2002 arise of the same accident. The deceased was a Corporal in Indian Air Force. I rework the compensation and tabulate the same as under:- ---------------------------------------------------------------------------------------------------------------------------------------- FATAL ACCIDENT on 27.05.2000 ---------------------------------------------------------------------------------------------------------------------------------------- Age 28 years Occupation Corporal in Indian Air Force Claimants Parents ---------------------------------------------------------------------------------------------------------------------------------------- Heads of claim Tribunal High Court Sl. No. Amount (Rs) Amount (Rs.) ---------------------------------------------------------------------------------------------------------------------------------------- 1 Income 8069 8069 2 Add, % of increase 50% 12,103.50 FATAL ACCIDENT on 27.05.2000 3 Less, Deduction 1/2 6051.75 4 Multiplicand (annualized by multiplying 12) 5 Multiplier 8 17 6 Loss of dependence 1,44,000 12,34,557 7 Medical Expenses & Transportation 8 Loss of Consortium 9 Loss of love and affection 10 Loss to estate 5000 11 Funeral expenses 10000 10000 ---------------------------------------------------------------------------------------------------------------------------------------- Total 1,54,000 12,49,557 ---------------------------------------------------------------------------------------------------------------------------------------- 7. The total compensation is rounded off to Rs. 12,50,000/- and there shall be an award therefor. In this case also, the claimant has made proposal for settlement which proximates to the amount as awarded now. For sheer defiance of the insurer to move to the negotiation table on well laid down scales of compensation and forcing a litigative approach, I impose costs of Rs. 25,000/- against the insurer. The additional compensation shall be awarded to the claimants with interest @9% per annum. 8. The award stands modified and the appeal in FAO No.4329 of 2002 is allowed to the above extent. ————————