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Judgment
K. Kannan, J.—Both the appeals are connected. The accident took place on 1.11.1996. One person died and one person was seriously injured.
The appeal in FAO No. 2416 of 1998 is the case of death of a male aged 46 years. The claimants were widow and daughters. The widow is the claimant in FAO No. 2417 of 1998 for the injury suffered by her in the very same accident.
The deceased was said to be a Colonel in the Army drawing a salary of Rs. 14,680/-. He had a sure prospect of promotion and I will therefore, rework the compensation providing for prospect of increase and also provide for conventional heads of claim in the manner awarded in some recent decisions of the Supreme Court. The various heads of claim are tabulated as under:-
The total compensation payable shall be Rs. 19,98,762.40, which I will round off to Rs. 20 lacs. The additional compensation payable shall also attract interest @7.5% from the date of petition till the date of payment. The liability shall be on the insurer. The liability shall be distributed equally amongst the claimants.
The award stands modified and the appeal in FAO No. 2416 of 1998 is allowed to the above extent.
The appeal in FAO No. 2417 of 1998, the widow had been under treatment at three hospitals of the Army at Jalandhar, Ambala and Delhi. She had various spells of treatment in the various hospitals between 17.11.1996 to 26.12.1996. The doctor''s evidence brought out a fact that she had a fracture of the hip bone and surgical intervention had to be done although evidence is given that a hip replacement might be necessary till the time of trial it was not done and the claimant gave evidence that she had difficulty in walking and she had to obtain domestic assistance @ Rs. 150/- per month. The Tribunal had assessed a compensation of Rs. 82,000/-.
I will rework the compensation and increase marginal amount for attendant charges considering the fact that there was evidence regarding the fact that she had to hire services of a domestic help for her inability to walk. She claimed that she had spent Rs. 1.5 lacs but no bills were produced. Obviously she must have availed of free medical services at the Army Hospital. I take a notional medical expenses of Rs. 10,000/- and also provide for Rs. 5000/- towards transportation and tabulate the heads of claim as under:-
The total compensation payable shall be Rs. 1,10,000/-. The amount in excess over what has already been provided by the Tribunal shall also attract interest @7.5% from the date of petition till the date of payment.
The award stands modified and the appeal is allowed to the above extent.