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2017 DIGILAW 141 (JK)

Union of India v. Dharam Chand

2017-03-17

RAMALINGAM SUDHAKAR

body2017
JUDGMENT : 1. Appeal is of the year 2009. 2. It is a case of injury. Appellant-Union of India has challenged the Award of Tribunal primarily on the quantum of compensation. 3. Accident in this case happened on 03.11.2003 at 7.30 pm. In that accident one Dharam Chand aged 46 years said to be working as Mechanic with M/s Shakti Tyre Retreading Company Narwal was going on a scooter and was hit by an Army vehicle bearing No. OOBO7932OM. He suffered grievous injuries and was treated at Government Medical College Jammu from 03.11.2003 to 15.11.2003. His leg below knee was amputated on 04.11.2003 and was discharged on 15.11.2003 with follow up treatment and the disability was assessed at 75%. He claimed Rs. 16,50,000/- stating that his income was Rs.7000/- per month. The owner of the M/s Shakti Tyre Retreading Company was examined to prove the income. The Tribunal taking note of the disability at 75% (Expw-SS) and adopting multiplier of 15 granted compensation as follows: S.No. Head Amount awarded by the Tribunal 01. Loss of income Rs. 8,10,000/- 02. Loss of amenities of life Rs. 1,00,000/- 03. Pain & Suffering Rs. 1,00,000/- 04. Medical Treatment Rs. 50,000/- 05. Cost of substituted limb @ 2.58 lacs (Three times replacement in life time) Rs. 7,74,000/- Total Rs. 18,34,000/- With the interest @ 7.5% per annum. 4. In appeal it is pleaded that income fixed by the Tribunal at Rs. 6000/- is on higher side as in claim petition as also in statement of owner of the shop the income of the injured-claimant is stated to be Rs. 4000/-. It is also pleaded that the injured-claimant is stated to have other sources of income but what exactly his income is that is not specifically pleaded nor proved by any documentary evidence or otherwise. 5. In this view of the matter, it will be appropriate to fix the income of the injured-claimant at Rs. 4500/- and taking note of 75% disability, the award of compensation is as follows: S.No. Head Amount awarded by the Tribunal 01. Loss of income Rs. 8,10,000/- 02. Loss of amenities of life Rs. 1,00,000/- 03. Pain & Suffering Rs. 1,00,000/- 04. Medical Treatment Rs. 50,000/- 05. Cost of substituted limb @ 2.58 lacs (Three times replacement in life time) Rs. 7,74,000/- Total Rs. 18,34,000/- With the interest @ 7.5% per annum. 6. Loss of income Rs. 8,10,000/- 02. Loss of amenities of life Rs. 1,00,000/- 03. Pain & Suffering Rs. 1,00,000/- 04. Medical Treatment Rs. 50,000/- 05. Cost of substituted limb @ 2.58 lacs (Three times replacement in life time) Rs. 7,74,000/- Total Rs. 18,34,000/- With the interest @ 7.5% per annum. 6. Insofar as interest on loss of income in future is concerned, it cannot be made applicable to this head. The plea raised by the counsel for the appellant-Insurance company that interest cannot be granted on loss of future income is accepted and, therefore, the interest component on all other heads shall be applicable and are confirmed except on amount of Rs. 6,07500/- awarded for loss of future income which is not justified, hence declined. 7. Appeal to that extent only is allowed.