BAHADUR DASS vs MOHD SHAKEEL & ORS (RELAINCE GENERAL INSURANCE CO LTD)

J.R. MIDHA ,J.

1.The appellant has challenged the award dated 23rd September, 2016 whereby compensation of Rs.3,80,111/- has been awarded by the Claims

Tribunal.

2.The accident dated 04th January, 2014 resulted in grievous injuries to the appellant. The appellant suffered fracture of bones upper limb as well as

compound communited fracture distal radins (left) with minuted fracture proximal tibia (left) with infected would over ulna and ulna styloid (left). The

appellant remain hospitalized for 04th January, 2014 to 13th January, 2014 when he underwent a surgery. The injuries suffered by the appellant

resulted in 5% disability with respect to the left upper limb.

3.The Claims Tribunal awarded Rs.15,000/- towards conveyance, Rs.1,63,687/- towards medical expenditure, Rs.15,000/- towards special diet,

Rs.15,000/- towards attendant and Rs.1,11,424/- towards loss of income and Rs.60,000/- towards pain and suffering. The total compensation awarded

is Rs.3,80,111/-.

4.Learned counsel for the appellant urged at the time of hearing that the compensation awarded under the pecuniary as well as non pecuniary heads

are on a lower side. Learned counsel seeks compensation under the heads of loss of amenities of life as well as disfiguration.

5.Learned counsel for respondent No.3 submits that the compensation awarded by the Claims Tribunal is fair and reasonable and does not warrant

any enhancement. It is further submitted that the compensation under the head of loss of income is not made out as the appellant is in Government

service.

6.Learned counsel for the appellant submits that the appellant suffered actual loss of income which was duly proved by the Claims Tribunal. It is

further submitted that the respondent No.3 has accepted the award and paid the compensation and, therefore, the objection to the award of

compensation is not sustainable.

7.This Court is of the view that the compensation awarded to the appellant under the heads of pain and suffering is on lower side. The compensation

under the heads of pain and suffering is enhanced from 60,000/- to Rs.1,00,000/-. The appellant is also entitled to compensation under the heads of

loss of amenities. Rs.50,000/- is awarded under the head of loss of amenities. The Claims Tribunal has not awarded any compensation towards

disfiguration. Rs.79,889/- is awarded under the head of disfiguration. There is no infirmity in the award of loss of income awarded by the Claims

Tribunal for the reasons stated in the award. The appellant is entitled to total compensation of Rs.5,50,000/-.

8.The appeal is allowed and the compensation awarded by the Claims Tribunal is enhanced from Rs.3,80,111/- to Rs.5,50,000/- along with interest @

9% per annum from the date of institution.

9.Respondent No.3 is directed to deposit the enhanced award amount with the Registrar General of this Court within four weeks. After the deposit of

the enhanced award amount, respondent No.3 be entitled to recovery rights against respondents No.1 and 2 in terms of para-31 of the award. Upon

deposit of the enhanced award amount, the Registrar General shall release the same to the appellant.

10.Copy of this judgment be given dasti to learned counsels for the parties under signature of Court Master.