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2016 DIGILAW 427 (JK)

Oriental Insurance Co. v. Pardeep Singh

2016-08-11

RAMALINGAM SUDHAKAR

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JUDGMENT : Ramalingam Sudhakar, J. 1. Since both the appeals are preferred against a common award of the Motor Accident Claims Tribunal, Jammu the same are taken up together and disposed of by common order. 2. It is a case of injury. On 20.04.2004 when the respondent-Pardeep Singh (hereinafter referred to as claimant) was walking on the road side near Bhour Camp, a Truck bearing Registration No. JK02F-293, which was driven by its driver in a rash and negligent manner, came from behind and knocked the claimant. As a result, he sustained multiple injuries. He was immediately taken to hospital for treatment and was operated in the Ortho Unit. Due to the accident appellant suffered fracture in both the hips. His permanent disability has been assessed by the doctor at 15%. The claimant at the time of accident was young about aged of 18 years. Hence, the claimant claimed compensation for a sum of Rs 6,64.000/- from the Oriental Insurance Company (hereinafter referred to as Insurance Company). 3. The plea of the Insurance Company in CIMA No. 13/2009, is only with regard to the quantum of compensation and not with regard to the liability. It is pleaded that it is excessive. The other appeal bearing CIMA No. 226/2008, has been preferred by the claimant seeking enhancement of the above said award. 4. Based on the evidence on record, tribunal awarded the compensation, under the following heads:- "Pecuniary Damages Loss on account of permanent disability = Rs. 36000/- Medical expenses as per bills = Rs. 55,300/- Attendant's and transport charges = Rs. 20,000/- Non Pecuniary Damages Pain and sufferings = Rs. 1,00,000/- Loss of amenities in life = Rs. 50,000/- Total Rs. 2,61,300/- 5. In all the Tribunal awarded a compensation of Rs. 2.61,300/- with interest @ 7.5% on the amount awarded on account of pain and suffering and loss of amenities in life from the date of institution of claim petition till realization. 6. Learned counsel for the claimant submits that in the accident claimant has suffered serious injuries which will not allow him to make a proper living as a normal person, as such keeping in view the disability of the claimant Tribunal ought to have granted higher compensation. He further states that a sum of Rs. 36,000/- awarded on account of loss of permanent disability is on the lower side. He further states that a sum of Rs. 36,000/- awarded on account of loss of permanent disability is on the lower side. It has been pointed out in the award that whenever claimant appeared in the Court below, he was having urine carrying bag and he was not able to sit properly and that as per the opinion of the Doctor disability of the claimant cannot be reduced in future. 7. Considering the nature of injuries sustained by the claimant and the disability assessed which will affect his earning capacity throughout his lifetime the quantum of compensation granted by the Tribunal cannot be said to be excessive, but on the contrary the plea of the injured-claimant for enhancement deserves consideration. The excess compensation for pain and suffering can be adjusted on other heads. In any event, no amount has been granted for Food and Nutrition and the amount awarded for attendant and transport charges is on the lower side. The claimant will be entitled to higher amount for loss of earning capacity based on disability, where the compensation is lower going by the nature of injury. 8. In view of the above, claimant is held entitled to a sum of Rs. 75,000 on account of permanent disability. For extra Food and Nutrition Rs. 15,000/- is awarded. The interest granted by the Tribunal at 7.5% per annum is confirmed. 9. In the result, considering the age of the claimant, nature of injuries received and disability suffered, the award of the Tribunal is modified and enhanced as hereunder:- "Pecuniary Damages For permanent disability = Rs. 75,000/- Medical expenses as per bills = Rs. 55,300/- Attendant's and transport charges = Rs. 20,000/- Extra Food and Nutrition = Rs. 15,000/- Non Pecuniary Damages Pains and sufferings = Rs. 50,000/- Loss of amenities in life = Rs. 30,000/- Total Rs. 2,45,300/- 10. In the above circumstances, appeal filed by the Insurance Company is dismissed and appeal filed by the claimant is partly allowed. The enhanced award will also suffer interest @ 7.5%. No order as to cost.