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Judgment
This appeal is directed against the judgment and award passed by Motor Accident Claims Tribunal, Ranchi in Compensation Case No. 110 of 2002
whereby he has awarded a sum of Rs. 1,71,627/- as of compensation for the injury caused to the claimants/respondents in a motor vehicle accident.
It appears that in the said accident, left leg of the claimant was badly fractured and he underwent several operations. Because of the said accident,
he became permanent disabled to the extent of 50%. The Tribunal awarded compensation of Rs. 1,10,000/- by applying multiplier theory. In addition to
that the Tribunal also awarded a sum of Rs. 61,627/- towards medical expenditure, future enjoyment of his life, pain and sufferings.
Learned counsel appearing for the appellant-Insurance Company assailed the impugned award mainly on the ground that the Tribunal has
misdirected itself in awarding compensation on the basis of multiplier theory. The Tribunal further misdirected itself in awarding separate
compensation for pain and sufferings and future enjoyment. The submissions made by the learned counsel for the appellant-Insurance Company
cannot be discarded.
In case of injury, normally, compensation is assessed, not on the basis of multiplier theory but on the basis of actual loss suffered by the claimant
due to the injury and the medical expenditure incurred in treatment.
Be that as it may, after hearing learned counsel for the parties, we are of the view that a lump sum compensation of Rs. 1,50,000/(Rupees one lac
fifty thousand) would meet the ends of justice and shall take care of the expenditure incurred by the claimants as also pain and injury suffered by him.
We, therefore, dispose of this appeal as also the cross-objection by holding that the claimants/respondents shall be entitled to Rs. 1,50,000/- (rupees
one lac fifty thousand) alongwith interest so awarded by the Tribunal.