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Judgment
By means of this appeal the quantum of compensation as awarded vide impugned judgment and order dated 07.12.2015 has been assailed by the insurer.
The accident occurred on 28.3.2013 at 04:30 PM when Shri Prakash Chandra Kapil, who was running in his late 30s, was dashed by a car no. UK04-K-2346 somewhere in the vicinity of Lal Kuwa, Haldwani. The accident was so severe as to make the injured hospitalized for several months even more than a year for one hospital to other.
He underwent different surgical treatments and ultimately he was declared 100% disabled for all rest of the life. So, his young wife, aged about 34 years, instituted the claim petition no. 130/2013 on 28.8.2013 claiming the compensation to the tune of Rs. 50 lakhs whereagainst the learned Tribunal has granted Rs. 20,97,000/- along with 8% interest from the date of institution of the petition till the payment is actually made.
The learned counsel of the appellant has agitated that the income of the deceased was said to be from the bus plying (as he was the bus owner) as well as from the agriculture. His annual income for the Financial Year 2011-12 (Assessment Year 2012-13) was Rs. 3,95,000/- So, on this basis, after reducing 1/3rd towards the personal expenses, the Tribunal has taken this income for the total loss of such income for three years.
It has been argued by the learned counsel of the appellant that even in such bad state of health of Mr. Prakash Chandra Kapil, it is difficult to accept that the agricultural is not yielding anything as well as there is no income could have been made from the plying of the bus.
I feel that since Mr. Kapil was so badly injured and remain hospitalized from one hospital to another and changed several hospitals from one higher center to another higher center and still said to be in the coma even on the date when Smt. Mohini Devi-PW1 (the petitioner) moved an affidavit in the court on 28.5.2015. So, everything of the family towards the score of the income becomes ruined because his wife Smt. Mohini Devi was compelled/constraint to consume all her time in order to save the life of her husband Mr. Kapil. So, this court is not inclined to accept the arguments of the learned counsel of the appellant in the present state of circumstances. As regards the medical bills, such bills have been proved not only by the claimant but also by one of the medical personnel.
So, this court does not feel it appropriate to reduce anything towards the quantum as has been granted by the Tribunal. It may be added that the photograph of the
injured Mr. Prakash Chandra Kapil have been produced in the court by the learned senior counsel of the respondent which show that Mr. Kapil is still in a very bad state of health and he is confined to bed even today and unable to do anything.
I think the state of affairs is worse than passing away from this mortal world.
The court is not inclined to interfere in the quantum of compensation as awarded. The appeal is hereby dismissed.
The whole amount deposited by the Insurance Company including the compulsory statutory deposit shall be remitted back to the learned Tribunal within four weeks for disbursement to the claimant without asking any surety or security from her.
LCR be sent back.