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2016 DIGILAW 581 (JK)

National Insurance Co. Ltd. v. Zahoor Ahmad

2016-11-08

R.SUDHAKAR

body2016
JUDGMENT R. Sudhakar, J. 1. The appellant-Insurance Company has filed this appeal challenging the award only in relation to the quantum of compensation. It is a case of injury. On 31.12.1998 a bus bearing registration No.JK09-228 driven from Tangdhar to Kupwara met with an accident near Sadhna Top, as a result of which 19 persons have died and other passengers travelling in the vehicle sustained injuries including the claimant. 2. The finding of the Tribunal and the liability of the owner of the vehicle and the Insurance Company to compensate the claimant is not disputed. The Tribunal has granted recovery rights to the Insurance Company and that is not an issue. 3. It is the case of the Insurance Company that the injured claimant aged about 26 years was the student of 12th class. Besides his studies he was earning Rs. 1000/- per month by way of tuition and was helping his father in the agriculture field. In the accident, he suffered fracture of 8th and 9th rib on right side of chest in Mid-Clavicular line. However, the accident has caused serious prejudice to his earning capacity as he suffered 70% disability. 4. The claimant claimed compensation before the Tribunal and the Tribunal while taking into consideration the evidence of Doctor, the age of the claimant and the income of Rs. 15000/- per annum, granted Rs. 1,27,500/- as compensation. The Tribunal has took his disability as upto 50% and loss of income of Rs. 7500/- per annum, granted Rs. 20,000/- as medical expenses food and for loss of amenities of life including special diet and Rs. 10,000/- on account of pain and suffering, totalling Rs. 1,57,500/- with 4% interest. 5. Heard Mr. Kawoosa, learned counsel for the appellant regarding quantum of compensation. 6. Taking note of the fact that the injured was a student and was also earning Rs. 15,000/- per annum, the Tribunal fixed the disability upto 50% and loss of income of Rs. 7500/- per annum, applied the multiplied of 17 as per the law laid down by Hon'ble the Supreme Court in Sarla Verma and others v. Delhi Transport Corporation and another dated 15.04.2009, and fixed the loss of earning capacity as 7500 X 17 = Rs. 1,27,500/- and granted Rs. 10,000/- on account of pain and sufferings and Rs. 7500/- per annum, applied the multiplied of 17 as per the law laid down by Hon'ble the Supreme Court in Sarla Verma and others v. Delhi Transport Corporation and another dated 15.04.2009, and fixed the loss of earning capacity as 7500 X 17 = Rs. 1,27,500/- and granted Rs. 10,000/- on account of pain and sufferings and Rs. 20,000/- on account of medicines, food and for loss of amenities of life including special diet, totalling Rs. 1,57,500/-. 7. Though the manner in which the amount has been determined may not be appropriate, in view of the fact that there is a disability of 50%, the claimant would be entitled for compensation at least to the tune of Rs. 1.00 lac because his earning capacity would be seriously affected. He will be entitled to appropriate compensation for pain and suffering, for attending charges, transportation to hospital etc. Taking all these facts into consideration, the total compensation awarded does not appear to be excessive. Even otherwise, the interest is meagre and therefore, to that extent, prejudice would have been caused to the claimant. Therefore, I am not inclined to reduce the compensation. The appeal is dismissed.