Rajesh Kumar vs Bonn Nutrient Pvt. Ltd.

K. Kannan, J.—All the five cases are connected as they arise out of the same accident that took place on 17.08.2001.

I. FAO No. 3882 of 2003

In the appeal in FAO No. 3882 of 2003, the contention was that the claimant had suffered fracture of his right leg and left hand. He lost one year of his training as Constable in Haryana Police. There have been no specific disability assessed and it is also not very clear from the evidence of what had been the actual pecuniary loss on account of injuries. It was stated that he remained in hospital for 4 months and spent Rs. 40,000/- on his treatment. He also stated that he did not claim any reimbursement from the Government. The Tribunal was justified in holding that in the absence of any medical bills, there was no reason to believe that he had not claimed any reimbursement from the Government. He also admitted in his evidence that he was paid full salary during the period of his hospitalization for 4 months. The details of loss of salary are not known though he had lost one year of training as Constable. The Tribunal has assessed the amount under various heads at Rs. 30,000/- and I find no reason for increase. The Tribunal has however found that there was a case of contributory negligence. The issue is discussed separately and the ultimate award shall abide by the finding recorded regarding liability.

II. FAO No. 3883 of 2003

The appeal in FAO No. 3883 of 2003 is for enhancement of claim for compensation for death of a male, who was Constable, aged 28 years. He was drawing salary of Rs. 5,289/-. The claimants were the widow, 3 minor children and parents. The Tribunal assessed compensation of Rs. 4,34,200/-. I find the assessment to compensation is inadequate and rework the compensation under various heads of claims and tabulate them as under:-

There shall be an award of Rs. 14,78,825/- and the amount shall be distributed amongst widow, children and parents in such a way that widow and children take twice as much as each of the parents of the deceased. The total amount determined as award stands modified.

III. FAO No. 3884 of 2003

The appeal is for enhancement of claim for compensation for injuries suffered by the claimant. In the accident, he received fracture and other injuries on his leg. He had been admitted in PGI, Chandigarh, having been referred from the Civil Hospital, Ambala and he remained admitted from 18.08.2001 to 23.08.2001 and later admitted in the Civil Hospital, Ambala, w.e.f. 24.08.2001 to 12.09.2001. He produced medical bills to the tune of Rs. 19,800/- under Exs. P19 to P69. It was brought out in evidence that he had been taking treatment for 7 months and there had been a financial loss to him by remaining absent from duty. The Tribunal provided for loss of salary for all the said period at Rs. 35,300/-. It provided for pain and suffering at Rs. 30,000/- and fully reimbursed to him the medical expenses brought before the court. The assessment to Rs. 85,100/- as made by the Tribunal conform to the evidence brought before it and I find no reason for making any intervention.

IV. FAO No. 3885 of 2003

The appeal is for enhancement of claim for compensation for death of a male, aged 25 years. He was also a Constable, earning Rs. 5,043/- per month. The claimants were the parents. The Tribunal assessed a compensation of Rs. 33,900/-. I shall rework the compensation under various heads of claims and tabulate them as under:-

There shall be an award of Rs. 8,36,579/- in favour of the claimants and the same shall be distributed equally amongst them. The amount assessed as award stands modified to the above extent.

V. FAO No. 3736 of 2003

In the said appeal, the claimant is injured in the said accident. He was said to have suffered an injury on his forehead for which he was given treatment at Ambala Hospital. Later he had been treated at K.D. Hospital. He stated that he had spent about Rs. 40,000 to Rs. 50,000/- as medical expenses but produced no proof for the same. He also stated that he remained admitted in the hospital and confined to bed for 4-5 months. He claimed that he had shortening of the limb and had problem while walking. At the trial, the claimant admitted that he received full salary during the period of his treatment. He produced Exs. P71 to P89 as medical expenses that totalled up to Rs. 3,900/-. Considering the fact that he had fracture of the leg and had remained admitted in the hospital, the Tribunal assessed Rs. 30,000/- towards pain and suffering. There was no other disability shown even for the claim that there had been shortening of the limb. I find no error in the assessment made to subject the same for any enhancement.

In all these matters, the right of enforcement of the award shall be available against the Insurance Company. The Tribunal, while determining compensation, held that the police van itself was responsible for the accident to the extent of 50% and consequently, caused abatement of 50% of the amount as assessed. It is erroneous, for, as regards the claimants, it is a case of composite negligence and the claimants are entitled to secure the whole of the amount assessed against the insurance company without suffering any abatement of claims. No contributory negligence could be attributed and the Insurance Company is at liberty to file its own case for contribution against the owner and insurer of the truck bearing registration No. HYX-5001 which was involved in the accident.

The additional amounts of compensation secured through this judgment will attract interest at 7.5% per annum from the date of petition till date of payment in each of the cases.

In the appeals in FAO Nos. 3882, 3884 and 3736 of 2003, the Tribunal had allowed only 50% of the amount to be claimed against the Insurance Company. Consistent with the reasoning adopted above, the respective claimants shall be entitled to whole of the amount as assessed against the Insurance Company.

All the appeals are allowed to the above extent.