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2017 DIGILAW 1100 (JK)

Union of India v. Abdul Aziz

2017-12-30

RAMALINGAM SUDHAKAR

body2017
JUDGMENT : 1. This appeal is of the year 2009. 2. The appellant-Union of India is on appeal challenging the award dated 31.12.2008 passed by the Motor Accident Claims Tribunal, Jammu. 3. It is a case of injury. On 29.07.2003, respondent -Abdul Aziz (hereinafter referred to as ‘claimant’) aged 42 years working as Constable in the Police Department was riding on his Motorcycle and was on his way to office, near Main Gate of the High Court an Army Truck bearing Registration. No.02D-145486-M/542, belonging to Union of India being driven on wrong side in a rash and negligent manner, hit the motorcycle driven by the claimant due to which he received following injuries. “Subtrochanteric fracture right side, terminal restriction of right Knee movement, wasting of right leg and right thigh muscles, shortening of right limb of 1 inch.” 4. His permanent disability has been assessed by the doctor at 30%. Claimant remained admit in the hospital from 29.07.2003 to 29.09.2003 and was also treated in Chopra Nursing Home. 5. The Tribunal erred in holding that there was loss of income for the future to a State Government employee working in the Police Department. An award of Rs.6,08,000/- came to be passed by adopting multiple method, which on the face of it is erroneous, because there is neither pleading nor proof to show that the claimant has been discharged from service and he has suffered loss of future income. Therefore, a sum of Rs.4,68,000/- granted by the Tribunal on account of loss of future income has to be set aside. However, the claimant working as Constable in the Police Department is stated to have taken multiple treatment and surgery procedure, therefore, it will be adequate to compensate the claimant on other heads i.e., extra nourishment and attendant charges, transportation charges, pain and suffering, future medical expenses and physiotherapy. 6. In modification of the award of the Tribunal, the claimant is held entitled to compensation as under:— S. No. Heading Award of the Tribunal Modified award l. For loss of future income Rs. 4,68,000/- Deleted 2. Medical expenses Rs. 50,000/- Rs. 50,000/- 3. For pain and suffering and Rs. 40,000/- Rs. 1,00,000/- Mental agony 4. Loss of amenities in life Rs. 50,000/- Rs. 50,000/- 5. Extra nourishment and Nil Rs. 40,000/- attendant charges 6. Transportation charges Nil Rs. 30,000/- 7. For Physiotherapy Nil Rs. 20,000/- 8. Future medical expenses Nil Rs. 4,68,000/- Deleted 2. Medical expenses Rs. 50,000/- Rs. 50,000/- 3. For pain and suffering and Rs. 40,000/- Rs. 1,00,000/- Mental agony 4. Loss of amenities in life Rs. 50,000/- Rs. 50,000/- 5. Extra nourishment and Nil Rs. 40,000/- attendant charges 6. Transportation charges Nil Rs. 30,000/- 7. For Physiotherapy Nil Rs. 20,000/- 8. Future medical expenses Nil Rs. 30,000/- Total Rs. Rs. 3,20,000/- 7. The interest at the rate of 7.5% is confirmed. 8. The appellant-Union of India is directed to deposit the amount with interest if not already deposited. The claimant is entitled to withdraw the amount on deposit. 9. The appeal by appellant-Union of India is partially allowed. Appeal Partly allowed.