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2016 DIGILAW 638 (JK)

Union of India v. Sham Lal Kotwal

2016-12-07

R.SUDHAKAR

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JUDGMENT : R. Sudhakar, J. 1. These appeals are of the year 2009. Union of India has filed appeals challenging the award of Tribunal insofar as quantum of compensation is concerned in case of four death cases and one case of injury. Accident in this case happened on 13.07.2004. All the deceased and the injured person were traveling in a Maruti Car bearing No. JK02M/6969 and due to the excavation work undertaken by the Union of India, a big boulder rolled over and struck the vehicle and caused the accident. Consequently, the death and injury occurred. Claim was made and award was passed in each of the case. 2. On the negligence, it is pleaded that the driver of the vehicle was not cautious while driving the vehicle which was rejected by the Tribunal based on the oral and documentary evidence more particularly the evidence of the eye witness. 3. There is contra evidence to prove that the driver of the offending vehicle was negligent which was responsible for the boulder hitting the Maruti Car and causing death and injury to the persons. Therefore, this Court is not inclined to re-appreciate the evidence to come to a difference conclusion. The finding of negligence on the part of the driver of the bulldozer is confirmed. The Court now proceeds to the quantum : - Insofar as CIMA No. 351/2009, is concerned, it is a case of death of one 11 years old child-Ayushman Kotwal. Appellant has not seriously disputed the quantum and in this case Tribunal granted compensation of Rs. 2.40 lac with interest at the rate of 7.5%. Taking note of the age of the deceased, the compensation granted in not excessive. Hence no ground is made out for reducing the compensation. The appeal is dismissed and the award passed by the Tribunal is confirmed. - Insofar as CIMA No. 344/2009, is concerned, it is a case of grievous injuries sustained by one Neerja Kotwal, who is stated to be Government employee working as Senior Assistant in Government Higher Secondary School. An amount of Rs. 25,000/- along with interest @ 7.5% per annum has been awarded as compensation in favour of the claimant which is not seriously disputed by the appellant. Hence no ground is made out for reducing the compensation and the appeal is dismissed and the award passed by the Tribunal is confirmed. An amount of Rs. 25,000/- along with interest @ 7.5% per annum has been awarded as compensation in favour of the claimant which is not seriously disputed by the appellant. Hence no ground is made out for reducing the compensation and the appeal is dismissed and the award passed by the Tribunal is confirmed. - Insofar as CIMA No. 352/2009, is concerned, it is a case of death of one Diksha Kotwal aged 14 years studying in 9th class. Appellant has not seriously disputed the quantum and in this case Tribunal granted compensation of Rs. 2.40 lac with interest at the rate of 7.5%. Taking note of the age of the deceased, the compensation granted in not excessive. Hence no ground is made out for reducing the compensation. The appeal is dismissed and the award passed by the Tribunal is confirmed. - Insofar as CIMA No. 355/2009, is concerned, it is a case of injury to the claimant-Sham Lal Kotwal aged 52 years alleged to be serving in the Education Department. He suffered 20% permanent disability. Tribunal granted a sum of Rs. 4.45 Lac along with interest as compensation on the following heads : 1. For loss of future income Rs. 3,45,600/- 2. For mental shock, pain & suffering Rs. 40,000/- 3. For medical/special expenses Rs. 20,000/- 4. For loss of amenities of life Rs. 40,000/- Total Rs. 4,45,000/- Counsel for the claimant pleaded that the 20% disability, as per the evidence of Doctor, limits the claimant's ability to live as before and there is functional loss of the lower leg. The Tribunal in this case has wrongly adopted multiplier method, as if it is a case of permanent disability and loss of employment. The claimant is continuing to be gainfully employed and is a Teacher. Therefore, for the 20% disability at the best he will be entitled to Rs. 75,000/- as compensation. The claimant, however, will be entitled to just compensation on the other heads like pain and suffering, special diet etc., which have been omitted by the Tribunal. Accordingly, the award passed by the Tribunal is modified as follows : S.No. Head Award of tribunal Modified award 1. For 20% disability Rs. 3,45,600/- Rs. 75,000/- 2. For mental shock, pain & suffering Rs. 40,000/- Rs. 60,000/- 3. For medical/special expenses Rs. 20,000/- Rs. 30,000/- 4. For loss of amenities of life Rs. 40,000/- Rs. 40,000/- 5. Accordingly, the award passed by the Tribunal is modified as follows : S.No. Head Award of tribunal Modified award 1. For 20% disability Rs. 3,45,600/- Rs. 75,000/- 2. For mental shock, pain & suffering Rs. 40,000/- Rs. 60,000/- 3. For medical/special expenses Rs. 20,000/- Rs. 30,000/- 4. For loss of amenities of life Rs. 40,000/- Rs. 40,000/- 5. For attendant charges Nil Rs. 20,000/- 6. For special diet charges Nil Rs. 20,000/- 7. For physio therapy Nil Rs. 15,000/- Total Rs. 4,45,000/- Rs. 2,60,000/- The appeal in the present case is allowed and the award passed by the Tribunal is modified. Excess amount of award can be withdrawn by the appellant. The claimant is entitled to withdrawn his portion. - Insofar as CIMA No. 356/2009, is concerned, it is a case of death of one Deepti Kotwal aged 16 years. Appellant has not seriously disputed the quantum and in this case Tribunal granted compensation of Rs. 2.40 lac with interest at the rate of 7.5%. Taking the age of the deceased, the compensation granted in not excessive. Hence no ground is made out for reducing the compensation. The appeal is dismissed and the award passed by the Tribunal is confirmed. - Insofar as CIMA No. 357/2009, is concerned, it is a case of death of one Rattan Singh aged 7 years studying in class 2nd. Appellant has not seriously disputed the quantum and in this case Tribunal granted compensation of Rs. 2.40 lac with interest at the rate of 7.5%. Taking the age of the deceased, the compensation granted in not excessive. Hence no ground is made out for reducing the compensation. The appeal is dismissed and the award passed by the Tribunal is confirmed. Accordingly, all the appeals are disposed of as above.