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2024 DIGILAW 1306 (SC)

Lakshmana Acharya v. Oriental Insurance Co. Ltd.

2024-12-11

HRISHIKESH ROY, S.V.N.BHATTI

body2024
ORDER : 1. Leave granted. 2. Heard Mr. Manjunath Meled, learned counsel appearing for the appellant. Also heard Mr. Sumit Sinha, learned counsel appearing for the respondent No. 1 / the Oriental Insurance Company Ltd. The respondent No. 2, although served, is unrepresented. 3. Notice in this case was issued on 29.08.2022 with the following order: “This is a case where the petitioner in an accident is afflicted with quadriplegia and is suffering from 100 per cent disability and confined to bed. The High Court, by the impugned order, has enhanced the amount to over Rs.24 lakhs from Rs.15 lakhs ordered by the Motor Accident Claims Tribunal. Learned counsel would point out that out of Rs.24 lakhs, a lion’s share is made up of the item-medical expenses incurred by the petitioner. He would submit that there is indeed scope for enhancing the compensation under the heads-higher income (because the petitioner was a gold smith), future medical expenses and attendant charges. Issue notice.” 4. The evidence of Dr. Divakar Rao (PW-7) indicates that the appellant who suffered a road accident on 26.02.2008, is totally confined to bed having suffered 100% disability. It is also not disputed that the appellant who was 54 year old at the time of the accident, was working as a Goldsmith. In the claim petition, the appellant had claimed Rs.10,000/-as his monthly income as he was working as a Goldsmith and was also running a jewellery shop. 5. As can be seen, no provision for an attendant is made either by the MACT or by the High Court, although there is no dispute that the appellant is in quadriplegia stage and is confined to bed. The major part of the awarded sum i.e., Rs.12,07,925/-is towards the already incurred medical expenses. Only Rs.75,000/-is awarded towards future medical expenses. 6. The monthly income of the appellant who was working as a Goldsmith was taken as Rs.6,000/-but if we are to compute the earning of a Goldsmith in the year 2008 in Mangalore, it would be reasonable to assume that although the appellant may not be earning Rs.10,000/-per month as claimed, he would be earning at least Rs.8,000/- per month. 7. It is therefore deemed appropriate to say that the appellant be awarded a further sum of Rs.1 lakh towards future medical expenses and a lumpsum amount of Rs.1 lakh, towards attendant charges. 8. 7. It is therefore deemed appropriate to say that the appellant be awarded a further sum of Rs.1 lakh towards future medical expenses and a lumpsum amount of Rs.1 lakh, towards attendant charges. 8. On the loss of income, the monthly income of the appellant as a Goldsmith is taken as Rs.8,000/-per month and adding 10% towards future enhancement, with the assistance of the learned counsel for the parties, the loss of income with future prospect, is additionally computed or enhanced as Rs.3,69,600/-. 9. In pursuant to above, the Insurance Company is directed to deposit Rs.3,69,600/- + 1 lakh (future medical expenses) + 1 lakh (attendant charges) = Rs.5,69,600/-before the MACT, Mangalore in the file of MVC No. 246 of 2009. Needless to say that at the time of deposit of the additional sum, interest @ 6% p.a. should be calculated and added from the date of the claim application, before the MACT. The MACT will decide in the best interest of the appellant, on remitting the deposited amount either in a post office interest bearing account or any other Government institution providing monthly interest. The account should be in the name of the appellant. His wife should be the nominee. The Insurance Company should make the deposit within four weeks from today. The arrangement of deposit directed by this order, is subject to change or modification by the Tribunal on being satisfied that such change or modification would serve the interest of the claimant in the best way. 10. With the above, the matter stands disposed of. 11. Pending application(s), if any, shall stand closed.