New India Assurance Company vs Vikash Chouhan and Others

Akhilesh Chandra, J.—Heard learned Counsel appearing on behalf of the parties. This is an appeal preferred against the judgment dated 27th April, 2009 and award dated 17th July, 2009 passed in Claim Case No. 32 of 2006 by 6th Additional District Judge-cum-Motor Vehicle Claim Tribunal, Patna.

This appeal centers round a very small point relating to quantum of the compensation to be paid to the claimant, who has suffered 80% permanent disability due to injuries on his knee occurred in an accident involving a truck, bearing Registration No. WB 55-1351 on 15th December, 2005 at about 5.00 p.m. while he was going on a bicycle. The Claims Tribunal has applied the principle of notional income and awarded a sum of Rs. 2,25,000 on that basis + loss of future expectancy, Rs. 1,00,000 + pain and suffering, Rs. 10,000 totalling to Rs. 3,35,000 and reducing it to 80% i.e. Rs. 2,68,000, out of which, only Rs. 25,000 u/s 140 of the Act, has been paid.

It is submitted by learned Counsel representing the appellant that since as per claimant he was earning Rs. 60 per day and on application of the Workmen''s Compensation Act, a sum of Rs. 2,05,686, is the amount to be paid, but in this amount learned Counsel has not included the compensation against pains and sufferings, medical treatment and nutritious food, etc. and submits that there is no material to indicate the actual expenditure etc. And as is also evident, the Claims Tribunal has not awarded a single penny towards his (injured) transportation and medical expenditure, etc., including nursing and nutritious food, etc.

Under such facts and circumstances, in absence of the proper material, specially, in view of the admitted injuries and pain suffered, one is to apply the principle of prudence and one lump-sum amount needs to be awarded to meet all such expenditure.

In view of the above finding that there may be some minor difference on the total amount awarded, the impugned order needs no interference. Accordingly, the appeal is hereby dismissed, on contest. There shall be no order as to cost and the appellant is directed to make payment against the award within a period of six weeks with interest, so awarded, from the date of filing of the application till it is actually paid. The statutory amount be transmitted to the Claims Tribunal for payment against the award.