AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is filed by the original claimant. He seeks enhancement of compensation awarded by the Motor Accident Claims Tribunal, Dharmanagar, North Tripura by impugned award dated 23.07.2016.
Brief facts are as under:
The claimant Santanu Roy was going on his motorcycle at about 10 o'clock in the morning on 21.04.2013 when a mini truck collided with his motorcycle causing serious bodily injuries. He received injuries on his head and had a fracture on his arm. For such injuries he had to be treated at several hospitals. He had to be taken into Chennai for operation. He was a computer operator and also repairing mobile phones earning `12,000 per month. According to the claimant, there was 60% permanent disability on account of the injuries. He, therefore, filed the said claim petition claiming compensation of Rs 35,00,671 from the driver and owner of the mini truck. It may be noted that the said vehicle was not insured at the time of the accident.
The Claims Tribunal believed that the accident took place due to sole negligence of the driver of the mini truck. The Tribunal awarded a compensation of Rs 48,000 towards actual loss of income believing the income of the injured to be Rs 6,000 per month. The Tribunal awarded the entire claim of medical expenditure of Rs 5,05,472. The Tribunal awarded a further sum of Rs 50,000 towards pain, shock and suffering. A total amount of Rs 6,03,472 was thus awarded by the Tribunal.
Having heard learned counsel for the parties, I find that the Tribunal has committed an error in believing the income of the injured to be Rs 6,000 per month. The accident took place on 21.04.2013. The claimant was holding the qualification of diploma in computer application and claimed to be self employed. Even though he could not produce any documentary evidence, his monthly income could have been taken at Rs 10,000 looking to his educational qualification and his occupation. Loss for 8(eight) months of actual income thus comes to Rs 80,000.
The Tribunal has believed the entire expenditure of Rs 5,05,472 towards medical expenditure since it was supported by vouchers and documents. Thus clearly the claimant had to undergo prolonged medical treatment. He was operated for fracture. As per the certificate of the Medical Board he had suffered 60% disability of the arm. The Tribunal did not award any compensation towards loss of enjoyment of amenities of life. A total compensation of Rs 1,00,000 can be made for pain, shock and suffering and loss of amenities of life. The Tribunal also did not grant any loss for future income. Even believing the disability of 60% of one of the arms, overall disability of the body as a whole can be taken at 20% by rough estimation. The injured was earning Rs 10,000 per month as a self employed person. There shall be 40% increase for future rise. His monthly prospective income would, therefore, come to Rs 14,000. 20% loss would make it Rs 2,800 per month or Rs 33,600 per annum. As per judgment of Supreme Court in case of Sarla Verma (Smt) and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121, considering age to be 29 years, there shall be multiplier of 17. The future loss of income would, therefore, come to Rs 5,71,200. The total compensation would, therefore, work out as under:
Medical expenditure : Rs 5,05,472
Actual loss of income : Rs 80,000
Pain, shock and suffering and loss of amenities of life : Rs 1,00,000
Future loss of income : Rs 5,71,200
Total : Rs 12,56,672
(Rupees twelve lakh, fifty six thousand, six hundred seventy two)
It is clarified that the compensation is payable by the driver and owner of the vehicle. The entire amount would be payable with simple interest @ 7.5% per annum from the date of claim petition till actual payment. Upon such amount being deposited before the Claims Tribunal, 70% would be invested in any nationalized bank in a fixed deposit for a period of 5(five) years. Remaining 30% would be paid over to the claimant. The claimant would receive periodic interest on such fixed deposit. At the end of period of 5(five) years, entire amount would be paid over to the claimant.
The appeal is disposed of accordingly.
Pending application(s), if any, also stands disposed of.
Records may be transmitted to the trial Court.