National Insurance Co. Ltd vs Mohan Lal And Anr

Sanjeev Kumar, J

This is an appeal by the National Insurance Company Limited against the award dated 28th February, 2018 passed by the Motor Accident Claims

Tribunal, Jammu (hereinafter referred to as “the Tribunalâ€) in claim file No.483/C, whereby respondent No.1-injured has been held entitled to

compensation to the tune of Rs.17,36,911/- along with interest @ 6.75% per annum except on compensation of Rs.2,00,000/- granted on account of

future medical expenses. The Insurance Company has been directed to indemnify the owner and make payment to respondent No.1.

The award impugned has been assailed by the insurer primarily on the ground that the injured-respondent No.1 was a permanent government

employee working as Store Keeper/Senior Assistant in CAPD department and, therefore, the permanent disability to the extent of 70% suffered by

respondent No.1 does not, in any way, affect his income and, therefore, the Tribunal was not correct in awarding a sum of Rs.6,83,100/- on account of

loss of income. The amounts awarded in favour of respondent No.1 under other heads too have been disputed on the ground that there is no specific

evidence on record to award future medical expenses to the tune of Rs.2,00,000/-, transportation expenses and care taker to the tune of Rs.86,000/-,

diet expenses @ Rs.25,000/- etc. The amounts awarded under the heads damages for pain and suffering, loss of amenities of life too have been

disputed on the ground that the same are exorbitant and disproportionate to the nature of injuries suffered by respondent No.1.

Having heard learned counsel for the parties and perused the record, I am of the view that the award passed by the Tribunal deserves slight

modification. I am not in agreement with the learned counsel for the appellant that the Tribunal has committed error in awarding expenses on account

of medicines, treatment and hospitalization, there is ample evidence brought on record by respondent No.1 to show that because of the accident he

was afflicted with the injuries in his right lower limb and was permanently disabled to the extent of 70%. It may be pertinent to note that in the instant

case not only respondent No.1 has been permanently disabled to the extent of 70% but his right lower limb, too, has got amputated. The respondent

No.1 has suffered huge pain and suffering on account of the accident. He remained hospitalized for a period of 17 days in Amandeep Hospital,

Amritsar and is now on artificial limb. Taking into consideration all these aspects, the Tribunal awarded following compensation in favour of

respondent No1:-

i) Expenses relating to medicines, treatment & hospitalization = Rs.4,82,811/-

ii) Future medical expenses= Rs.2,00,000/-

iii) Expenses on transportation and care taker= Rs.86,000/-

iv) Expenses on extra nourishment diet = Rs.25,000/-

v) Loss of earnings during the period the petitioner could not work= Rs.60,000/-

vi) Loss of income due to permanent disability = Rs.6,83,100/-

vii) Damages for pain and suffering= Rs.1,00,000/-

viii) Damages for amenities of life= Rs.1,00,000/-

Given the evidence that has come on record and the nature of injuries suffered by respondent No.1, I do not find any illegality in the award of

compensation under different heads as indicated herein above except the compensation awarded for loss of income due to permanent disability. As is

evident from the award, the Tribunal has awarded Rs.6,83,100/- as loss of income due to permanent disability. As it has come on record, the

respondent No.1 is a permanent government employee and because of the disability suffered by him neither his salary nor other perks which are

payable to him as permanent government employee would be affected. Eventually, there would be no loss of income due to this disablement.

This Court, however, cannot lose sight of the fact that a government employee on his retirement would get certain post retiral benefits but nothing

prevents such retired employee to augment his income by doing some job even after retirement. If respondent No.1 with the disability he suffers from

has to take up some job or work after his retirement, the disability would definitely come in his way to make good earnings. Taking into consideration

the aforesaid aspect, I feel a sum of Rs.4,00,000/- on account of loss of income due to permanent disability suffered by respondent No.1 would be

appropriate.

For the foregoing reasons, this appeal is partly allowed and the award is modified in the following manner:-

i) Expenses relating to medicines, treatment & hospitalization = Rs.4,82,811/-

ii) Future medical expenses= Rs.2,00,000/-

iii) Expenses on transportation and care taker= Rs.86,000/-

iv) Expenses on extra nourishment diet = Rs.25,000/-

v) Loss of earnings during the period the petitioner could not work= Rs.60,000/-

vi) Loss of income due to permanent disability = Rs.4,00,000/-

vii) Damages for pain and suffering= Rs.1,00,000/-

viii) Damages for amenities of life= Rs.1,00,000/-

Total =Rs.14,53,911/-

The amount shall be payable along with interest @ 6.75% per annum accept on Rs.2,00,000/- awarded on account of future medical expenses. Rest

of the terms and condition of the award shall remain intact.