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Judgment
Mansoor Ahmad Mir, C.J. (Oral)—Subject matter of this appeal is the judgment and award, dated 6th July, 2012, made by the Motor Accident Claims Tribunal-I, Solan, District Solan, H.P. (for short ''the Tribunal'') in MAC Petition No. 41/NL/2 of 2008, titled as Rakesh Kumar alias Suresh Kumar v. Ashok Dharmani & others, whereby compensation to the tune of Rs. 3,35,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization came to be awarded in favour of the claimant-injured and insurer was saddled with liability (for short ''the impugned award'').
The claimant-injured, owner-insured and driver have not questioned the impugned award, on any count. Thus, it has attained finality, so far it relates to them.
The insurer has questioned the impugned award on the grounds taken in the memo of the appeal.
Learned Counsel for the appellant-insurer argued that the Tribunal has fallen in an error in assessing compensation under the head ''loss of earning/future income'' and in granting interest under the aforesaid head from the date of filing of the claim petition.
Admittedly, the claimant-injured was a student of the age of 14 years at the time of accident and was a minor. He suffered 15% permanent disability in terms of Disability Certificate Ext. PW-1/A. PW-1, Dr. Amarjeet Singh has given details of the injuries suffered by the claimant-injured in his statement before the Tribunal.
I have gone through the record. The claimant-injured remained admitted in the hospital w.e.f. 16.08.2008 to 04.09.2008 and his right leg was got operated.
By guess work, it can safely be held that on attaining the age of majority, he would have earned at least Rs. 4,000/- per month.
At this stage, learned Counsel for the claimant-injured stated at the Bar that at present, the claimant-injured is working as a driver.
In the given circumstances, at the best, the monthly income of the claimant can be taken as Rs. 6,000/-. Thus, loss under the head ''future income'' comes to Rs. 600/- per month.
The multiplier of ''12'' is applicable in this case in view of the 2nd Schedule appended to the Motor Vehicles Act read with the ratio laid down by the Apex Court in Sarla Verma (Smt.) and others v. Delhi Transport Corporation and another, reported in AIR 2009 SC 3104, upheld by a larger Bench of the Apex Court in a case titled as Reshma Kumari & others v. Madan Mohan and another, reported in 2013 AIR (SCW) 3120.
Thus, the claimant-injured is held entitled to compensation to the tune of Rs. 600 x 12 x 15 = Rs. 108,000/- under the head ''loss of earning/future income''.
The Tribunal has also fallen in an error in not granting compensation under the head ''expenses for future treatment''.
Accordingly, I deem it proper to award Rs. 10,000/- under the head ''medical expenses for future treatment''.
The compensation amount awarded by the Tribunal under the other heads is not challenged. Accordingly, the amount awarded under the other heads is maintained.
The Tribunal has fallen in an error in awarding interest 7.5% per annum under all the heads from the date of the claim petition. Interest at the rate of 7.5% per annum was to be awarded for all heads except for future income from the date of the claim petition and for future income, it was to be awarded from the date of impugned award.
Accordingly, the claimant-injured is held entitled to total compensation under the following heads:
1
Loss of earning/future income
Rs. 108,000/-
2
Medical expenses
Rs. 10,000/-
3
Loss of amenities of life
Rs. 75,000/-
4
Attendant charges
Rs. 25,000/-
5
Pain and sufferings
Rs. 40,000/-
6
Special diet and nutrition
Rs. 5,000/-
7
Medical expenses on future treatment
Rs. 10,000/-
Total:
Rs. 2,73,000/-
On the aforesaid amount of compensation, interest @ 7.5% per annum is payable for all heads except for future income from the date of the claim petition and under the head ''loss of earning/future income'', it is payable from the date of impugned award.
The Registry is directed to release the entire amount in favour of the claimant-injured, strictly in terms of conditions contained in the impugned award, through payees account cheque or by depositing it in his account. The excess amount be refunded to the insurance company through payees'' cheque account or by depositing it in its bank account.
Accordingly, the impugned award is modified and the appeal is disposed of.
Send down the records after placing a copy of the judgment on the file of the claim petition.