Divisional Manager United India Insurance Co, Ltd. v. Kumari Puja Guddappa Kodihalli
2020-09-08
SURAJ GOVINDARAJ
body2020
DigiLaw.ai
JUDGMENT Suraj Govindaraj, J. - The appellant-Insurance Company is before this Court being aggrieved by the judgment and award dated 25.05.2012, passed by the Addl. Senior Civil Judge and Member AMACT, Ranebennur (for short 'the tribunal') in MVC No.399/2010, allowing the claim petition filed by the respondents-claimants thereby awarding an amount of Rs. 2,51,500/- as compensation with interest @ 6% p.a. from the date of petition till realization. 2. The counsel for the respondents-claimants submits that they have not filed any appeals seeking for enhancement of compensation. 3. Heard. Admit. 4. With the consent of both the sides, the above appeal is taken up for final disposal at the stage of admission itself. 5. The occurrence of the accident and coverage of the Insurance Policy is not in dispute. Hence, the details regarding the accident are not being adverted to herein. 6. The Tribunal awarded aforesaid amount on the following heads. Sl. No. Heads of accounts Rupees (Rs.) 1 Pain and sufferings 30,000/- 2 Medical expenses 7,500/- 3 Loss of unhappiness and discomfort 25,000/- 4 Attendant charges 5,000/- 5 Food and nourishment 5,000/- 6 Loss of education and future marriage prospectus 1,00,000/- 7 Future medical expenses 10,000/- 8 Loss of earning capacity 54,000/- Total 2,51,500/- 7. On examination of the award passed by the tribunal, it is seen that there is a calculation error. The actual compensation awarded is Rs.2,36,500/- and not Rs.2,51,500/-, the same requires rectification and is as such rectified. 8. Shri A.G. Jadhav, learned counsel for the appellant Insurance Company would submit that the methodology of calculation of compensation is improper inasmuch as the injured girl, who is aged about 12 years had only suffered a simple fracture, even as per the statement of the certifying Doctor, who is not treating Doctor. 9. The accident having occurred on 11.08.2009, the certifying Doctor is stated to have examined the injured girl on 03.09.2011 i.e., after a period of two years and has certified that she has suffered 25% of total permanent physical disability on account of the fracture of left occipital bone. As regards which the injured girl was treated and the medical expenses incurred was a sum of Rs.7,360/-.
As regards which the injured girl was treated and the medical expenses incurred was a sum of Rs.7,360/-. On this ground, Shri A.G. Jadhav learned counsel for the appellant submits that the expenses incurred for the treatment is only Rs.7,360/- including the cost of C.T.Scan, the injuries caused to the injured is simple in nature, the certification by the Doctor of 25% total permanent physical disability is improper. 10. He further submits that the tribunal has awarded a sum of Rs.1,00,000/- towards "loss of education and future marriage prospectus" without any evidence on record inasmuch as there is no proof of any loss of education or any deformity, which would lead to loss of marriage prospects. 11. As regards, the disability assessed at 20% by the Tribunal, he submits that the certifying Doctor had stated that 25% disability in respect of particular injury and the same would have to be taken into consideration as that of a particular limb and the whole body disability should have been considered to be about 8% and not 20% as taken into consideration by the Tribunal. 12. Shri Anjaneya M. on behalf of Shri Lokesh Malavalli, learned counsel for the respondent No.1 would submit that the calculation is done properly and the Doctor's certificate cannot be questioned insofar as the disability is concerned and being a girl child, the amount of Rs.1,00,000/- awarded towards "loss of education and future marriage prospects" is proper and ought not be interfered with. 13. Heard Shri A.G Jadhav, learned counsel for the appellant and Shri Anjaneya M. on behalf of Shri Lokesh Malavalli, learned counsel for the respondent No.1. perused the papers. 14. Loss of earning capacity: The accident having been occurred on 11.09.2009, the certifying Doctor has stated that 25% disability on the basis of the records for the year 2009 and not even as regards examination on that day. No evidence of the treating Doctor has been led. I am in agreement with the submission of Shri A.G. Jadhav that if at all there was serious injuries, which had been caused, the cost of medical treatment would be much higher than Rs.7,360/- including the cost of C.T.Scan. There is no evidence of any other treatment or follow up treatment of the injured.
I am in agreement with the submission of Shri A.G. Jadhav that if at all there was serious injuries, which had been caused, the cost of medical treatment would be much higher than Rs.7,360/- including the cost of C.T.Scan. There is no evidence of any other treatment or follow up treatment of the injured. Even assuming that there is a disability of 25% as certified by the Doctor, taking 1/3rd of the same, the disability for the whole body would be about 8.33% rounded of to 9%. Hence, it is this disability, which ought to have been taken into consideration by the tribunal and as such the amount to be awarded on this head of account would be Rs.15,000/- x 18 x 9% = 24,300/-. Hence, the amount of compensation awarded on this head of account being Rs.54,000/- is reduced to Rs.24,300/- . 15. Loss of education and future marriage prospects: The tribunal has awarded a sum of Rs.1,00,000/- towards "loss of education and future marriage prospects", as observed above there is no evidence which has been led by the injured in this regard. However, considering that the injured is a girl child and the injury, which has been caused needs disclosure in future. The said compensation is reduced from Rs.1,00,000/- to Rs.50,000/- . 16. There is no dispute as regards the amounts awarded towards Pain and sufferings being Rs.30,000/-; Medical expenses being Rs.7,500/-; loss of unhappiness and discomfort being Rs.25,000/-; attendant charges being Rs.5,000/-; food and nourishment being Rs.5,000/-; and Future medical expenses being Rs.10,000/- . 17. Thus, in view of the above, the comparative table of compensation awarded by the Tribunal and by this Court is under: Sl. No. Heads of accounts Compensation awarded by the Tribunal Compensation awarded by this Court Reduction in compensation 1 Pain and sufferings 30,000/- 30,000/- - 2 Medical expenses 7,500/- 7,500/- - 3 Loss of unhappiness and discomfort 25,000/- 25,000/- - 4 Attendant charges 5,000/- 5,000/- - 5 Food and nourishment 5,000/- 5,000/- - 6 Loss of education and future marriage prospectus 1,00,000/- 50,000/- -50,000/- 7 Future medical expenses 10,000/- 10,000/- - 8 Loss of earning capacity 54,000/- 24,300/- -29,700/- Total 2,36,500/- 1,56,800/- -79,700/- 18. Accordingly, I pass the following: ORDER i. The appeal is partly allowed. ii. The judgment and award dated 25.05.2012, passed in MVC No.399/2010 on the file of the Addl. MACT, Ranebennur is hereby reduced and modified.
Accordingly, I pass the following: ORDER i. The appeal is partly allowed. ii. The judgment and award dated 25.05.2012, passed in MVC No.399/2010 on the file of the Addl. MACT, Ranebennur is hereby reduced and modified. The respondent-claimants are entitled to the compensation of Rs.1,56,800/- as against Rs.2,36,500/- awarded by the tribunal with interest @ 6% p.a. from the date of claim petition till the date of realization. In view of the disposal of the above appeal, I.A.No.1/2013 is not required to be considered and as such is dismissed.