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Judgment
The present Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the Award dated 28.07.2023 wherein compensation in the sum of Rs.10,38,612/- along with interest @ 7% per annum has been granted on account of the injury suffered by Smt. Mani Kapoor, in a road accident on 04.08.2017.
The grounds on which enhancement has been sought on behalf of the Appellant are as under:
That the Appellant who was aged about 26 years suffered Permanent Disability of 24% of right lower limb but her Functional Disability has been taken as 15%;
That the compensation granted under the Non Pecuniary head needs to be enhanced.
That the loss of income has been calculated for two months which should have been for six months.
That the lady was a housewife and was also taking tuitions and the Minimum Wages for skilled worker should have been taken.
Learned counsel on behalf of the Insurance Company has submitted that the functional disability has been rightly calculated as she suffered only the stiffness of right ankle. In so far as enhancement of compensation under Non Pecuniary head is concerned, the same may be considered in accordance with law.
Submissions Heard. Record Perused.
The first aspect is that the injured was 26 years old housewife. A housewife is expected to take care of the house hold work which is of a specialised nature and thus, the income of the injured should have been taken in accordance with the Minimum Wages for skilled worker which is Rs.16,448/-.
The Permanent Disability was assessed as 24% of right lower limb. The nature of disability was stiffness of right ankle. The learned Tribunal has rightly calculated the functional disability as 15% which does not merit any interference.
The compensation is recalculated on this basis as under: Rs.23,027.2/- X 12 X 17 X 15/100 = Rs.7,04,632.32/-.
Non Pecuniary Heads: -
The compensation under the head of Pain and Suffering granted in the sum of Rs.30,000/- is enhanced to Rs.75,000/-.
Expenditure on Conveyance and Diet is enhanced to Rs.10,000/-each. The Petitioner/Appellant remained under treatment for about two months. The Attendant Charges are enhanced from Rs.5000/- to Rs.10,000/-. The compensation under the Head of Loss of Amenities is enhanced to Rs. 50,000/- . Compensation given by the Tribunal under other heads has been rightly awarded and does not warrant any interference.
The compensation amount is recalculated as under:-
| S. No. | Heads | Amount awarded by the Tribunal | Amount awarded by this Court |
|---|---|---|---|
| 11. | Pecuniary Loss: | ||
| (i) | Expenditure on treatment | Rs.69,559/- | Rs.69,559/- |
| (ii) | Expenditure on conveyance | Rs.5,000/- | Rs.10,000/- |
(iii) (iv) | Expenditure on special diet Cost of nursing/attendant | Rs.5,000/-Rs.5,000/- | Rs.10,000/-Rs.10,000/- |
| (v) | Loss of earning capacity | Rs.5,81,951/- | Rs.7,04,632.32/- |
| (vi) | Loss of income | Rs.27,168/- | Rs.32,896/- |
| (vii) | Any other loss which may require any special treatment or aid to the injured for the rest of his life. | NIL | NIL |
| 12. | Non-Pecuniary Loss: | ||
| (i) | Compensation for mental and physical shock | Rs.50,000/- | Rs.50,000/- |
| (ii) | Pain and suffering | Rs.30,000/- | Rs.75,000/- |
| (iii) | Loss of amenities of life | Rs.30,000/- | Rs.50,000/- |
| (iv) | Disfiguration | NIL | NIL |
| (v) | Loss of expectation of life | Rs.30,000/- | Rs.30,000/- |
| (vi) | Loss of earning, inconvenience, hardships, disappointment, frustration, mental stress, dejectment, and unhappiness in future life etc. | NIL | NIL |
| 13. | Disability resulting in loss of earning capacity: | ||
| (i) | Percentage of disability assessed and nature of disability as permanent or temporary | 24% | 24% |
| (ii) | Loss of amenities or loss of expectation of life span on account of liability | - | (Already awarded above) |
| (iii) | Percentage of loss of earning capacity in relation to disability | 15% | 15% |
| (iv) | Loss of future income- (income X percentage earning capacity X multiplier) | As above | As Above |
| 14. | TOTAL COMPENSATION | Rs.7,83,678/- | Rs.10,50,000/- (rounded off) |
In view of the above, the Claimant is awarded total compensation of Rs.10,50,000/- along with the interest @7% per annum from the date of filing of the Petition till realization; to be disbursed in terms of the Award dated 28.07.2023. The Insurance Company is directed to deposit the enhanced Awarded amount within 30 days with the learned Tribunal.
The Appeal is allowed and disposed of accordingly along with the pending Application(s), if any.