Himachal Road Transport Corporation (HRTC) vs Tikkam Ram

Surinder Singh, J.—The petitioner (33 years of age) was a muleteer, earning his livelihood from transporting the luggage of the people on his four mules. On 4.4.2007, he was traveling in the bus of the appellants from Hanogi to Mandi, allegedly being driven rashly & negligently by respondent Mohinder Singh and met with an accident near Pandoh wherein he sustained multiple injuries and caused fracture of his left arm. The petitioner remained hospitalized from the date of accident till 7.4.2007 in Zonal Hospital, Mandi and thereafter referred to IGMC, Shimla for further treatment. He was operated upon and remained admitted in IGMC, Shimla till 18.7.2007. The said fracture on his left arm caused permanent disability to the extent of 10%.

The learned Tribunal, on the scrutiny of evidence assessed the income to the tune of Rs. 3,000/- per month and the functional disability to the extent of 25%. Doctor Sanjeev Raj Kapoor, who issued the disability certificate, stated before the learned Tribunal that except his arm other body functions were normal, thus relying upon the judgments of the apex Court in National Insurance Co. Ltd. Vs. Mubasir Ahmed and Another, and Raj Kumar Vs. Ajay Kumar and Another, , assessed his functional disability to the extent of 25%. Keeping in view his age of 33 years at the time of accident and also the judgment rendered in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, , the multiplier of 16 was applied. On the basis of functional disability the loss of future income was assessed at Rs. 1,44,000/-, besides the reimbursement of his medical expenses, cost of attendant/transportation charges, actual loss of income, pain and suffering and loss of amenities of life, therefore, a total amount of Rs. 1,92,559/-was awarded alongwith interest at the rate of 6% per annum from the date of filing the petition, till the date of deposit of the amount, which has been challenged in this appeal mainly on the ground that the functional disability of the claimant was assessed on a higher side.

I have gone through the entire evidence on record and also findings arrived at by the learned Tribunal vis-�-vis relying upon the judgments rendered by the apex Court, supra, in my opinion, the functional disability appears to have been assessed slightly on the higher side. In fact, the functional disability should have been 19% instead of 25% vis-�-vis the injuries sustained by the claimant with respect to his avocation. Thus, the total compensation for the loss of future income will be at Rs. 1,09,440/- instead of Rs. 1,44,000/-. Thus, the petitioner is entitled for the total amount of compensation to the tune of Rs. 1,57,999/- plus Rs. 2000/- for other injuries or say Rs. 1,60,000/- by rounding off the figures aforesaid, instead of total amount of Rs. 1,92,559/- as awarded by the learned Tribunal with interest at the rate of 6% per annum. Therefore the award passed by the learned Tribunal stands modified to the above extent.

The amount stands deposited in the Registry of this Court alongwith interest. The excess amount deposited by the appellant in the Registry shall be refunded to the appellants- H.R.T.C. alongwith proportionate interest accrued thereupon and the balance amount to the above extent shall be released to the claimant with interest on filing the appropriate application. The appeal stands disposed of in the above terms, so also the pending applications, if any.