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Judgment
Having heard the learned Counsel of the appellant insurance company and learned Counsel for the injured/respondent no. 1, it transpires that the accident occurred on 27.2.2009 at 7.30 PM in Laksar when Raj Kumar (a Class iv employee in the judicial court at Laksar), aged about 42 years, along with his companion Kanhaiyya Lal was waiting for the public transport to reach Roorkee, meanwhile a motorcycle bearing no. UK08M-0218 being driven by Mr. Saeed (opposite party no. 3 herein) dashed Raj Kumar and his friend. All the three, being seriously injured, were shifted through public ambulance to a nearby hospital. Raj Kumar remained hospitalised in higher medical centre at Jollygrant from 28.2.2009 to 6.4.2009 and thereafter he was declared more than 60 per cent disabled, as a Jaipur Foot was amputated in his right leg above the knee. He claimed compensation to the tune of Rs. 33,80,000/-, whereagainst the learned Tribunal granted Rs. 11,59,801/-. This compensation is payable by the insurance company, who is appellant herein because the motorcycle was insured with such company.
Learned Counsel for the insurer has argued that Raj Kumar in his statement has accepted the continuous payment of his salary even during the course of his medical treatment and he is still employed with the Government and getting full salary. On the other hand, Saeed has denied the occurrence.
However, if the statement made in the cross- examination of Raj Kumar is read, then it becomes evident that not only Raj Kumar, but his companion Kanhaiyya as well as Saeed were also transferred through the public ambulance to a nearby hospital. Therefore, statement of Saeed that his motorcycle struck to some animal does not inspire confidence to the Court. I accept the incident to be true because the FIR was lodged and the chargesheet was also submitted.
As regards the quantum of compensation, it comes out that total expenditure in the whole medical treatment as well as the amputation of the Jaipur Foot was nearly Rs. 1,15,000/- and rest of the amount which has been granted to the claimant is on account of pain and suffering.
Although the mental agony, which the claim petitioner is constrained to suffer is difficult to measure in terms of money, but in order to arrive the just and proper compensation, I feel that the awarded amount is on the higher side and, therefore, I reduce it to the tune of rupees nine lakhs only.
Amount awarded on the score of medical expenditure and Jaipur Foot is left untouched. The interest factor, as has been awarded by the learned Tribunal, is also left intact.
Insurance company shall be liable to pay the compensation, as modified by this Court. Rest of the amount shall be deposited by the insurer within six weeks.
Registry shall forthwith remit the compulsory statutory amount along with the interest it has earned to the Tribunal concerned, which, in turn, shall release the remaining amount of compensation to the claimant without asking for any surety/security.
Let the LCR be sent back.