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Judgment
S.No.,Heads,Compensation
(i),Loss of future income (23512 x 12 x 18),"Rs. 50,78,592/-
(ii),"Actual medical expenses (625000 + 69430 +
147062)","Rs. 8,41,492/-
(iii),Estimated future medical expenses,"Rs. 2,30,000/-
(iv),Special diet & conveyance,"Rs. 15,000/-
(v),Attendant charges,"Rs. 1,44,000/-
(vi),Pain & sufferings,"Rs. 1,00,000/-
(vii),Loss of amenities of life,"Rs. 1,00,000/-
,Total,"Rs. 65,09,084/-
affidavit (Ex.AW1/A) that she has incurred future medical expenditure in the sum of Rs. 17,07,710.13. The said amount includes Rs. 2,44,000/-",,
towards attendant charges and Rs. 3,97,150/- towards salary to driver. Since the emoluments of attendant charges and engagement of driver is being",,
taken care of under different heads, the same may be deducted for purposes of calculating the actual medical expenditure. The additional expenditure",,
post-decision by the tribunal thus comes to (17,07,710 - 2,44,000 - 3,97,150) Rs. 10,66,560/-. This amount will have to be added to the compensation",,
towards additional medical expenditure. It may be clarified here that given the medical condition as explained by the claimant through her declaration,,
on oath, taken note of above, the award of additional medical expenditure will not result in the amount of Rs. 2,30,000/- estimated by the tribunal",,
towards future medical expenditure to be displaced or affected.,,
The amount of Rs. 1,44,000/- towards attendant charges granted by the tribunal by the impugned judgment is towards the engagement of two",,
nurses during the period of treatment. This, however, does not mean that the claimant is now in a position to be on her own. As noted above, her",,
medical condition would require constant services of an attendant, though part time, as also of a driver, again part time. In this view, the services of an",,
attendant full time should take care of both the needs. Having regard to the fact that she started moving out w.e.f. 01.10.2009 when she was gainfully,,
employed again, such calculation would deserve to be made with reference to the said date, on the basis of minimum wages of semi-skilled person it",,
being Rs. 4,119/-. Since the claimant was about 31 years old at that time, the multiplier of 16 would apply for such purposes. Thus, the attendant",,
charges for the future, post recovery, is calculated as (4119 x 12 x 16) Rs. 7,90,848/-",,
The compensation in the present case thus is recomputed as (35,94,942 + 10,59,630 + 8,41,492 + 10,66,560 + 2,30,000 + 15,000 + 1,44,000 +",,
7,90,848 + 1,00,000 + 1,00,000 ) Rs. 79,42,472/-, rounded off to Rs. 79,43,000/-. The award is modified accordingly.",,
It is noted that the tribunal has awarded interest @ 7.5% per annum only which is on the lower side. Having regard to the consistent view taken,,
by this Court, the rate of interest is increased to 9% (see judgment dated 22.02.2016 in MAC.APP. 165/2011 Oriental Insurance Co Ltd v. Sangeeta",,
Devi & Ors.].,,
It is, however, clarified that the interest on the additional medical expenditure (Rs.10,66,560/-, rounded off to Rs. 10,67,000/-) would be calculated",,
only w.e.f. 01.03.2013 till the date of payment, in view of the declaration made in the affidavit (Ex.AW-1/A of the claimant) submitted during the",,
pendency of these appeals. The objection of the insurance company to the levy of interest over and above the attendant charges cannot be accepted,,
since the entitlement of the claimant is with reference to the date of the filing of the original petition and the intent is to create a corpus the real value,,
of which cannot be allowed to be eroded.,,
By order dated 15.01.2008 on MAC Appeal no. 23/2008, the insurance company had been directed to deposit 75% of the awarded amount within",,
the period specified and out of such deposit 50% was allowed to be released to the claimant. By order dated 21.04.2015 release of quarterly interest,,
against the balance kept in fixed deposit was also granted on the application of the claimant. Since the amount of compensation has been increased,",,
the entire balance lying in fixed deposit with accrued interest shall be released to the claimant by the registry. The insurance company will be obliged,,
to deposit the balance of its liability under the modified award with accrued interest till date within thirty days with the tribunal which shall release it to,,
the claimant. The release of the balance by the registry and the tribunal, however, shall be in the form of fixed deposit receipts split into as many fixed",,
deposit receipts as desired by the claimant, each taken out from a nationalized bank for a period of ten years with right to draw periodic interest.",,
The statutory deposit shall be refunded to the insurance company after proof is furnished of the modified award having been satisfied.,,
Both appeals are disposed of in above terms.,,