Oriental Insurance Co. Ltd. vs Partap Singh and Others

G.P. Mittal, J.—Aggrieved by the grant of compensation of Rs. 4,34,203/-, the Appellant Oriental Insurance Co. Ltd. has come in Appeal before this Court. The compensation awarded is tabulated hereunder: -

Sl . No.

Head of Compensation

Compensation granted by the Tribunal

1.

Medical expenses

Rs. 635/-

2.

Conveyance and special diet

Rs. 10,000/-

3.

Loss of income

Rs. 21,696/-

4.

Future loss of income

Rs. 1,51,872/-

5.

Pain, sufferings & Permanent disability

Rs. 2,50,000/-

Total

Rs. 4,34,203/-

The only ground of challenge is the award of Rs. 2,50,00/- made under the head of pain and suffering and permanent disability suffered by the Respondent.

It is urged by the learned counsel for the Appellant that the award of Rs. 2,50,000/- towards non-pecuniary damages is exorbitant and excessive. Reliance is placed on the judgment of the Supreme Court in G. Gnanam @ Gnanamoorthy Vs. Metropolitan Transport Corporation, where the overall compensation of Rs. 1,00,000/- was awarded including damages of Rs. 15,000/- towards pain & suffering, Rs. 50,000/- towards permanent disability and Rs. 15,000/- towards loss of amenities of life. The learned counsel for the Appellant also referred to Priya Vasant Kalgutkar v. Murad Shaikh and Ors. (2009) 1 SCC 54 where overall compensation of Rs. 1,12,000/- was awarded including damages to the extent of Rs. 30,000/- for pain & agony and Rs. 15,000/- towards loss of amenities and discomfort.

In this case the accident took place in the year 2008. In G. Gnanam (supra) the accident took place in the year 1995. Similarly in Priya Vasant Kalgutkar (supra) the accident took place in the year 1999. Apart from this there was a disability of 15% in the right hand, 15% in the right elbow, 15% in the right shoulder and 20% in the right wrist and finger. Thus, the total disability was 60% in respect of the right upper limb.

In the case in hand the Respondent Claimant was first admitted to LNJP Hospital where surgical intervention was carried out and he was discharged on 17.01.2008. Then he was readmitted in the Hospital for second surgery on 28.03.2008 and was discharged after about a month on 23.04.2008. The Respondent Claimant suffered crush injury on the left leg, most of his left foot and ankle joints and some portions of left leg was amputed. The Tribunal instead respect of awarding non-pecuniary damages under different heads granted lump sum damages of Rs. 2,50,000/-. If I award a sum of Rs. 50,000/- towards disfigurement, Rs. 75,000/- towards pain and suffering and Rs. 1,00,000/- towards loss of amenities and expectation in life, the total sum comes to Rs. 2,25,000/-. With the kind of permanent disability suffered by the Respondent Claimant he would also need a special shoe to walk and he would always walk with difficulty. Though, the compensation awarded was a little liberal, it cannot be termed exorbitant and excessive. I would not like to interfere with the award of Rs. 2,50,000/- under the non-pecuniary heads in the facts & circumstances of the present case.

The Appeal is devoid of any merit. The same is accordingly dismissed.