Union of India & ors. vs Vijay Kumar

Appeal is of the year 2009. It is an appeal by Union of India against the award of MACT Jammu.

It is a case of injury. Accident in this case happened on 18.04.1999. One Vijay kumar 17 years labourer was going on a cycle and was hit by

an Army Vehicle at Bari Brahamana. He suffered grievous injuries in left elbow and shoulder (upper limb) and was admitted in Government

Medical College Jammu. He was also under treatment by a private doctor. Disability was assessed at 10% by the Doctor.

Learned counsel for the claimant-respondent stated that the injured was deaf and dumb was making his living as daily wager and was earning

around Rs. 6000/- per month but the Tribunal fixed income at Rs. 4500/- per month and for 10% disability loss income was fixed at Rs. 5400/-

per annum and multiplier 16 was adopted and the following amount of compensation was granted:

Loss of future income Rs. 86,400/-

Loss of amenities of life Rs. 25,000/-

For pain and suffering Rs. 25, 000/-

Hospitalization Rs. 10,000/-

Diet expenses Rs. 15,000/-

Total Rs. 1,61,400/-

With interest @ 7.5% per annum.

In appeal it is pleaded that the income fixed by the Tribunal is on higher side and multiplier adopted is also higher and, therefore, compensation

has to be reduced. Though this plea appears to be appeal but after going through the compensation awarded by the Tribunal, this Court does not

find any reason to reduce the amount of compensation for the following reasons:

a) For pain and suffering meager amount has been given;

b) For attendant charges no amount has been granted; and

c) No amount has been granted for physiotherapy.

Considering all aspects quantum does not appear to be excessive. The plea raised by the counsel for the appellant- Insurance company that

interest cannot be granted on loss of future income is accepted and, therefore, the interest component on all other heads is shall be applicable and

are confirmed except on amount of Rs. 86,400/- awarded for loss of future income which is declined. Appeal to that extent only is allowed.