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2024 DIGILAW 81 (ALL)

Akhil Agarwal v. N. I. C. Ltd.

2024-01-08

VIPIN CHANDRA DIXIT

body2024
JUDGMENT Vipin Chandra Dixit, J. Heard Sri. R.K. Porwal, learned counsel for the appellant, Sri. K.S. Amist, learned cunsel appearing on behalf of respondent no. 1 Insurance Company and perused the record. 2. No one is present on behalf of respondent nos. 2 and 3. 3. This first appeal from order has been filed against the judgment and award dated 05.08.1999, passed by Motor Accident Claims Tribunal/Special Judge (E.C. Act), Etawah, in M.A.C.P. No. 320 of 1997 (Akhil Agarwal v. Kaptain Singh and others) for enhancement of compensation. 4. It is submitted by learned counsel for the appellant that the claimant appellant has received grievous injuries in the accident which was occurred on 17.02.1997. The claimant appellant has become permanent disabled on account of injuries received in the accident and as per disability certificate issued by C.M.O., Etawah dated 18.08.1998, the disability was assessed 45%. The claims tribunal while calculating compensation has not considered the disability certificate filed by claimant disclosing his disability to the extent of 45%. The lower court record was summoned by this court and as per record, the disability certificate was filed by the claimant as Paper No. 39C/2 disclosing 45% disability. It is further submitted that the claimant-appellant had spent Rs. 6 lakhs in his treatment and medical bills issued by Apolo Hospital was produced before the Claims Tribunal. The Insurance Company had not let any evidence in rebuttal but only Rs. 1 lakh was awarded for the reason that the claimant has spent very excessive amount in his treatment at Apolo Hospital, Delhi, whereas doctors are also available in district Agra. Lastly, it is submitted that the age of the claimant appellant was 42 years at the time of accident and as such, he is also entitled for 40% future prospects in view of law laid down by the apex court in the case of National Insurance Company Ltd. v. Pranay Sethi reported in 2017 (4) T.A.C. 673, but nothing has been awarded in terms of future prospects. 5. Considered the rival submissions of learned counsel for the parties. 6. The claimant-appellant has fully established his case by cogent evidence that he has become 45% disabled on account of injuries received by him in the accident. The disability certificate disclosing disaiblity of 45% is on record and there was no evidence in rebuttal by the respondent-Insurance Company. 5. Considered the rival submissions of learned counsel for the parties. 6. The claimant-appellant has fully established his case by cogent evidence that he has become 45% disabled on account of injuries received by him in the accident. The disability certificate disclosing disaiblity of 45% is on record and there was no evidence in rebuttal by the respondent-Insurance Company. The injuries of the claimant are non schedule injury and as such, loss of earning capacity is assessed 20%. The claimant-appellant has spent Rs. 6 lakhs in his medical treatment which was not disputed by the Insurance Company before the Claims Tribunal and the Claims Tribunal has committed illegality in awarding only Rs. 1 lakh for medical treatment. The claimant is also entitled 40% future prospects in view of law laid down by Hon'ble Apex Court in the case of Pranay Sethi (supra). The age of the claimant was 19 years at the time of accident as such, appropriate multiplier of 18 is applicable in view of law laid down by Hon'ble Apex Court in the case of Smt. Sarla Verma v. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.). The accident was occurred in the year 1997, as such, compensation is assessed accepting notional income of Rs. 15,000/- per annum. 7. In view of above, the present first appeal from order is partly allowed and the compensation awarded by the Motor Accident Claims Tribunal is reassessed as follows :- 1. Annual Income : Rs. 15,000/- 2. Future prospects : (40%) = Rs. 6,000/- 3. Total annual income : Rs. 15,000/- + Rs. 6,000/- = Rs. 21,400/- 4. Loss of earning capacity (20%) = Rs. 4,200/- 5. Multiplier (18) = Rs. 4,200/- x 18 = Rs. 75,600/- 6. Medical expenses = Rs. 6,00,000/- 7. Pain and suffering = Rs. 25,000/- Total : Rs. 75,600/- + Rs. 6,00,000/- + Rs. 25,000/- = Rs. 7,00,600/- 8. The award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs. 1,77,000/- to Rs. 7,00,600/-. The claimant-appellant is also entitled for interest at the rate of 6% on the enhanced amount from the date of award of Claims Tribunal. The respondent no. 1 namely The New India Assurance Company Ltd. is directed to pay enhanced amount of Rs. 5,23,600/- along with interest to the claimant within two months from today. 9. No order as to costs. .