Krishna vs Bachan Chaudhary and Others

G.P. Mittal, J.—The Appeal is for enhancement of compensation of Rs. 50,000/- awarded in favour of the Appellant for having suffered injuries in a motor vehicle accident which occurred on 24.11.2007. In the absence of any Appeal by the driver, owner and the Insurer, the finding on negligence reached by the Claims Tribunal has attained finality.

The Appellant suffered a crush injury on his left ankle as a result of which the bone was exposed. He was immediately removed to Neelkanth Hospital, Gurgaon; Safdarjang Hospital and Orthonova Hospital. The injuries suffered ultimately resulted in 14% disability in respect of his left lower limb on account of post traumatic stiffness and scaring of left foot.

The Claims Tribunal while dealing with the quantum of compensation held as under:-

Petitioner suffered serious injury on his foot and which has caused 14% disability due to crush. He remained in hospital though he pleaded income of Rs. 7,000/- as Mechanic but he has not produced any documentary proof, therefore, wages of skilled workman of Rs. 3500/- pm is accepted by the counsel for petitioner and Insurance Company. He remained under treatment for six months. He is allowed expenses for confinement as loss of wages for period of six months amounting to Rs. 21000/-. Keeping in view serious injuries, he is allowed Rs. 15000/- for pain, shock and sufferings. Petitioner filed medical documents and medical bills on record as Ex.PW1/A (Colly), medical bills amounting to Rs. 6658/- rounded to Rs. 7000/- is allowed. In addition, compensation for 14% disability amounting to Rs. 7,000/- is awarded on multiplier method adopting multiplier of 14 years. Total compensation comes to Rs. 50,000/-.

It is urged by the learned counsel for the Appellant that the compensation awarded is too low and meagre. It is urged that no compensation was awarded towards permanent disability. Admittedly, no evidence was adduced by the Appellant to prove that his disability would in any way affect his earning capacity.

The Claims Tribunal awarded compensation of Rs. 21,000/- for loss of earning capacity for six months on the minimum wages of a skilled worker. The minimum wages at the relevant time (of a skilled worker) were Rs. 3940/- per month (rounded of to Rs. 4,000/-) Thus, the loss of income for six months would be Rs. 24,000/- ( Rs. 4,000/- x 6). Thus, I award a sum of Rs. 24,000/- instead of Rs. 21,000/- awarded by the Claims Tribunal.

Immediately after the accident the Appellant was removed to Neelkanth Hospital. He was referred to Safdarjang Hospital for further treatment. The OPD card dated 24.10.2007 shows that the bone of Appellant''s left ankle was exposed. He was referred to emergency OT where emergency procedure was performed and then he was referred to Plastic Surgery. Considering the nature of injuries of his right heel/ankle and the duration of the treatment, compensation of Rs. 15,000/- towards pain and suffering was inadequate. I would raise the same to Rs. 40,000/-.

The Appellant was awarded compensation of Rs. 7,000/- towards treatment on production of the medical bills. The Appellant remained under treatment not only at Safdarjang Hospital but also in a private hospital i.e. Orthonova Hospital, New Delhi. The compensation towards medical treatment, considering the nature of injuries and the duration of treatment is increased from Rs. 7,000/- to Rs. 15,000/-.

Although, there is no evidence with regard to loss of earning capacity, yet the Appellant has suffered post traumatic stiffness and scaring of left foot, he would have some difficulty in running. In the circumstances, he is awarded compensation of Rs. 25,000/- towards loss of amenities and disfigurement.

I would further make a provision of Rs. 5,000/- each towards special diet and conveyance.

The compensation awarded is tabulated hereunder:-

Sl. No.

Compensation under various heads

Awarded by this Court

1.

Loss of Income

Rs. 24,000/-

2.

Pain and Suffering

Rs. 40,000/-

3.

Medical Treatment

Rs. 15,000/-

4.

Loss of Amenities & Disfigurement

Rs. 25,000/-

5.

Special Diet

Rs. 5,000/-

6.

Conveyance

Rs. 5,000/-

Total

Rs. 1,14,000/-

The overall compensation thus comes to Rs. 1,14,000/-.

The enhanced compensation of Rs. 64,000/- shall carry interest @ 7.5% per annum from the date of filing of the Petition till its payment.

Respondent No. 3 IFFCO Tokio General Insurance Company Limited is directed to deposit the enhanced compensation along with interest with UCO Bank, Delhi High Court Branch, New Delhi within six weeks and shall be released in favour of the Appellant in terms of the order passed by the Claims Tribunal.

The Appeal is allowed in above terms. Pending Applications stand disposed of.