AI Structured Summary
Not yet generated for this judgment
Judgment
Rajnesh Oswal, J
The appellant /claimant has filed the instant appeal for enhancement of the compensation awarded to him by virtue of award dated 31.05.2010 passed by the learned Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred as “the Tribunal”).
The appellant/claimant has impugned the award dated 31.05.2010 on the ground that insufficient compensation under the head "pain and suffering” has been awarded to the appellant and no compensation on account of “loss of amenities of life”, “expenses for attendant/helper”, “special diet” and for expenses for hiring accommodation has been awarded by the learned Tribunal to the appellant.
Mr. Divyanshu Malhotra, learned counsel for the appellant submitted that the appellant suffered the fracture of right shoulder, hip bone and left femur. The spleen of the appellant was also removed. The appellant was treated in Jammu and also in D.M.C, Ludhiana but appropriate compensation has not been awarded to the appellant.
Per contra, Mr. Rupinder Singh, learned counsel for the Insurance Company/respondent No. 1 argued that sufficient compensation has been awarded to the claimant/appellant, as such, no further compensation is required to be awarded to him.
Heard learned counsel for the parties and perused the record.
The record depicts that appeal preferred by the respondent No. 1/Insurance Company against the award impugned was dismissed by this Court vide order dated 02.03.2021. It is evident from the record that the appellant was working as AEE and because of the motor vehicle accident that took place on 20.05.2007,the appellant was found to have suffered 20% permanent disability as per the statement of Dr. I. K. Wangnoo. The learned Tribunal has awarded an amount of Rs. 7,62,509/- in favour of the appellant under the following heads:
1) For medical expenses: Rs. 7,22,509/-
For pain and sufferings: Rs. 20,000/-
3) For transportation charges Rs. 20,000/-
Total Rs. 7,62,509/-
(Seven lacs, Sixty two thousand, five hundred and nine only)
A perusal of the statement of Dr. I. K. Wangnoo reveals that the appellant has suffered permanent disability of 20%. The appellant has also undergone spleenoctomy. The injuries as well as medical intervention reveal that the appellant had suffered very serious injuries and an amount of Rs. 20,000/-awarded to the appellant under the head “pain and sufferings” is very meager and the same is required to enhanced. Similarly, no compensation has been awarded to the appellant on account of loss of “amenities of life” as it has come in the evidence of Dr. I. K. Wangnoo that the appellant will have difficulty in sitting, walking, running and climbing stairs and the spleen in the body of an individual performs number of functions including formation of blood and bone marrow.
As such, this Court is of the considered opinion that a sum of Rs 50,000/- is required to be awarded to the appellant on account of “loss of amenities of life” and further compensation for “pain and sufferings” is required to be enhanced from Rs. 20,000/- to Rs. 50,000/- . Further, from the record, it is evident that no compensation has been awarded to the appellant on account of attendant expenses and special diet. As such, this Court finds that a sum of Rs. 10,000/- each under the head “special diet” and “attendant charges” shall be sufficient.
Accordingly, the compensation payable to the appellant/claimant shall be as under:
1) For medical expenses: Rs. 7,22,509/-
2) For pain and suffering: Rs. 50,000/-
3) For transportation charges Rs. 20,000/-
4) For loss of amenities of life: Rs. 50,000/-
5) For special diet: Rs. 10,000/
6) For attendant charges: Rs. 10,000/-
Total: Rs. 8,62,509/-
The enhanced amount shall carry interest @ 6% per annum from the date of filing of the claim petition till its realization. The respondent No. 1/Insurance Company shall deposit the enhanced amount alongwith interest with the Registry within a period of three months from today and thereafter, the amount shall be released in favour of the appellant/claimant after proper identification. The appeal is allowed and award dated 31.05.2010 is modified to the aforesaid extent.
Record of the Tribunal be returned forthwith.