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Judgment
S.No.,Heads,Compensation
1.,Medical Expenses,"Rs. 2,30,062/-
2.,Pain and sufferings,"Rs. 2,00,000/-
3.,Loss of,
,"(i) earning capacity on account of
disability",
,(i) amenities of life and expectation of life,
,(iii) inconvenience and hardship,
,(iv) loss of common pleasure of life,
,(v) reduction in longevity and stress,"Rs. 4,00,000/-
4.,Special Diet,"Rs. 50,000/-
5.,Future attendant & medicine charges,"Rs. 1,50,000/-
,Total,"Rs. 10,30,000/-
(The correct total comes to Rs. 1030062/-),,
A perusal of the impugned judgment would show that the tribunal though taking note of the permanent disability to the extent of 75 % (Seventy Five,,
Percent) did not undertake the exercise of assessing the loss of future income on such account. It has awarded lumpsum amount of Rs. 4,00,000/-",,
under various heads including loss of earning capacity on account of disability, amenities and expectation of life, inconvenience and hardship and loss",,
of common pleasure of life and reduction in longevity and stress. This approach was not correct. It is noted that the claimant was born on 12.01.1987,,
and had studied upto senior secondary level, she being a student of degree course at the time she suffered injuries and became permanently",,
handicapped. If the accident had not occurred, in normal course she would have attained graduation degree in 2007 and would have become capable",,
of becoming an earning hand. The loss of income due to disability will have to be worked out afresh, consequently bearing in mind the minimum wages",,
of a graduate (Rs. 4230) which would apply in 2007.,,
Thus calculated, with the multiplier of 18, loss of future earnings due to disability are computed as (4230 x 75 ÷ 100 x 12 x 18) Rs. 6,85,260/-,",,
rounded off to Rs. 6,86,000 (Rupees Six Lakhs Eighty Six Thousand only).",,
The amount of Rs. 4,00,000/- awarded under various heads mentioned above are treated as non-pecuniary damages under said heads other than",,
loss of earning capacity on account of disability. The amount of Rs. 1,00,000/- is added towards loss of marriage prospects.",,
Thus, there shall be an increase in the total award by (6,86,000 + 1,00,000) Rs. 7,86,000/- (Rupees Seven Lakhs Eighty Six Thousand only).",,
However, following the consistent view taken by this Court the rate of interest is increased to 9% (nine percent) per annum from the date of filing",,
of the petition till realization. [see judgment dated 22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta Devi & Ors.],,
Since the compensation in the case of Tenzin Peldon has been increased, the insurance company shall make the requisite deposit within 30 days, to",,
be released to the claimant.,,
Statutory amount deposited by the insurance company in its appeal shall be refunded.,,
This disposes of both the appeals and pending application.,,