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Judgment
[1] This appeal is filed by the original claimant to challenge the judgment of the Motor Accident claims Tribunal, Sonamura dated 22.05.2019 passed in TS(MAC) No.08 of 2017.
[2] Brief facts are as under:
The appellant-claimant met with a vehicular accident on 13.07.2016 causing serious injuries particular to his right arm. He suffered multiple fractures for which he had to be operated. He had remained indoor patient in different spells for 52 days. He was a daily wager. He filed the claim petition claiming compensation of Rs.10,29,200/- from the owner and insurer of the vehicle involved in the accident. There is no dispute about the negligence of the driver in causing the accident or the liability of the insurance company to cover the risk. We may therefore, straightway focus on the computation of compensation.
[3] The Claims Tribunal believed the income of the claimant at Rs.350/- per day and believed that he would have worked for 25 days in a month. His monthly income was, therefore, assessed at Rs.8750/-. The Tribunal awarded Rs.43,544/- for purchase of medicines and medical charges and Rs.29,600/- towards transportation. Rs.19,500/- was awarded for two attendants for a period of 39 days @ Rs.250/- per day per attendant. His total period of inactivity was assessed at four months, Rs.35,000/- was awarded for actual loss of income for the said period @ Rs.8750/-per month.
[4] The Medical Board had certified that the claimant suffered from 30 to 40 percent disability get deformity and locomotor restrictions on his right arm which would prevent him from carrying heavy weight. The learned Judge granted such disability by projecting on his monthly income of Rs.8750/- and applying a multiplier of 14 as suggested by the Supreme Court in case of Sarla Verma(Smt.) and Others Vrs. Delhi Transport Corporation and Another: (2009) 6 SCC 121 looking to his age of 44 years. A further sum of Rs.25,000/- was added towards pain, shock and suffering.
[5] Having heard learned counsel for the parties and having perused documents on record I see no error in awarding compensation for following heads: medicine charges(Rs.43,544/-), transportation charges(Rs.29,600/-) and actual loss of income(Rs.35,000/-). However, the claimant had remained indoor patient for 52 days. He would, therefore, need two attendants for such period when compensated as Rs.250/- per attendant per day, this figure would come to Rs.26,000/-.
[6] Awarding Rs.25,000/- towards pain, shock and suffering and no separate compensation for loss of amenities of life is on the lower side. The claimant had remained as an indoor patient for nearly 52 days had to undergo multiple operations despite which his injury was not fully cured. A total of Rs.50,000/- towards pain, shock and suffering and loss of amenities of life would be appropriate.
[7] In the context of future loss of income, the Tribunal has committed an error in not awarding any rise for the future income. Accepting his monthly income at Rs.8750/- as projected by the Tribunal as per the decision of the Supreme Court in case of National Insurance Company Limited Vrs. Pranay Sethi and others; reported in (2017) 16 SCC 680 looking to his age and occupation there should be 25% rise for the future income. The computation for future loss of income would, therefore, be as under:
Current income Rs.8750/-, 25% thereof would come to Rs.2187/-. Future income would therefore be Rs.10937.50 rounded to Rs.10,940/-. 30% thereof would come to Rs.3282/- per month or Rs.39,384/- per annum by adopting multiplier of 14, the future loss of income would be Rs.5,51,376/-.
[8] Total compensation payable to the claimant would work out as under:
Medical expenditure
Rs. 43,544/-
Transportation charges
Rs. 29,600/-
Attendant charges
Rs. 26,000/-
Pain, shock and suffering
Rs. 50,000/-
Actual loss of income
Rs. 35,000/-
Future loss of income
Rs. 5,51,376/-
Total :
Rs.7,35,520/-
[9] The award of the Claims Tribunal stands modified to this extent. The claimant shall receive additional compensation of Rs.1,41,876/- (Rs.7,35,520 - Rs.5,93,644) which shall be deposited by the insurance company before the Claims Tribunal along with proportionate cost and interest @ 7% per annum from the date of claim petition till actual deposit which shall be done within a period of three months. Upon such deposit, the Claims Tribunal shall release 30% thereof in favour of the claimant. Remaining 70% would be deposited in any nationalized bank in a fixed deposit for a period of five years. Upon completion of the said period the amount would be released in favour of the claimant. During such period the claimant would receive periodic interest accruing on such fixed deposit.
[10] Appeal is allowed in part and disposed of. Pending application(s), if any, also stands disposed of.