Shri Nardev Singh vs Shri Rakesh Behl and Others

M.L. Mehta, J.—The Appellant herein had sustained injuries in a road accident that took place on 7th August, 2005 while he was going on his motorcycle and was hit from behind by a truck bearing registration number HR 65-0484. A criminal case under Sections 279/337 Indian Penal Code was registered at the Police Station Sameypur Badali. The Appellant was taken to BJRM Hospital and thereafter LNJP Hospital. He remained admitted in the hospital from 7th August, 2005 to 17th December 2005. The Appellant received grievous injuries comprising of fracture of pelvis with rectal and urinary bladder injuries. He was again admitted in LNJP Hospital for post-surgery treatment from 20th February 2006 to 4th March, 2006. Vide the impugned award dated 16th November 2008, the Appellant was granted compensation of Rs. 1,96,000/- by learned MACT. This total sum of Rs. 1,96,000/- on account of compensation was on various counts such as for treatment Rs. 20,000/-, conveyance Rs. 15,000/-, special diet Rs. 10,000/-, loss of income Rs. 40,000/-, pain and sufferings Rs. 40,000/-, attendant charges Rs. 6,000/-, future treatment Rs. 25,000/- and impairment Rs. 40,000/-. This amount was awarded with interest @ 7.5% per annum from the date of filing of the petition till the date of payment. The Respondent/ insurance company was directed to indemnify and pay the compensation.

The impugned award is challenged by the Appellant/injured alleging that the amount of compensation awarded is insufficient keeping in view the injuries suffered by him. The interest as awarded by the Tribunal was also alleged to be on lower side and the same was demanded @ 12% per annum.

I have heard learned Counsel for the Appellant and Respondent insurance company and perused the record. There is no dispute with regard to the amount of compensation awarded under the head medical treatment, conveyance, special diet and attendant charges and future treatment. The challenge is in respect of payment of compensation of Rs. 40,000/- each under the heads loss of income, pain and sufferings and impairment. In addition, compensation is also claimed under the head loss of prospects of marriage and procreation of child.

With regard to the submissions regarding loss of compensation on account of loss of income, it may be noted that Appellant was not able to prove sufficiently about his employment and this income of Rs. 5,000/- per month. The learned Tribunal had taken his income to be Rs. 5,000/- per month and awarded compensation for 8 months i.e. more than the period the Appellant remained under treatment. Though, the Appellant remained admitted in the hospital for about one and a half month initially and for about 15 days on the second time, but he continued his treatment as Outdoor Patient as follow-up for some time. I think learned Tribunal has taken a reasonable view while awarding compensation on account of loss of income for 8 months and I do not see any reason to interfere with the same. With regard to pain and suffering and impairment, I am of the view that keeping in view the nature of injuries which were of grievous nature, the amount of compensation on both these counts, seems to be slightly on the lower side. In the totality of the facts and circumstances, a sum of Rs. 60,000/- can be assessed as towards pain and sufferings and Rs. 70,000/- towards impairment. With regard to the plea of prospects of loss of marriage or procreation of child as claimed by the Appellant, it may be suffice to say that there is nothing on record to substantiate the plea of the Appellant in this regard. There is neither any medical evidence nor any other evidence suggestive of these future losses to the Appellant. The learned Tribunal has discussed the entire medical evidence and did not find any abnormality suggestive of any loss of prospects of procreation of child. With regard to the claim of interest @ 12% per annum, I do not see any reason to interfere with the discretion as exercised by learned Tribunal while awarding interest @ 7.5%.

In view of my above discussion, the impugned award is modified to the extent that the Appellant would be entitled to the additional sum of Rs. 20,000/- each under the heads pain/ sufferings and impairment which shall be payable by Respondent Insurance Company with interest @ 7.5% per annum from the date of the filing of the petition till realization.

The appeal stands disposed of with above modification in the impugned award.