Rambir vs Rashid Khan

Vijender Singh Malik, J.—This is an appeal brought by the claimant seeking enhancement of compensation. The claimant Rambir had brought the claim petition u/s 163A/166 of the Motor Vehicles Act, 1988 (for short ''the Act'') which he opted to continue under the provisions of section 163A of the Act. He sought compensation in a sum of Rs. 15,00,000/- as compensation for the injuries he suffered in a road side accident that took place on 10.04.2009. Learned Motor Accidents Claims Tribunal, Rewari (for short the Tribunal'') vide award dated 29.10.2010 has allowed the claim petition and has awarded a sum of Rs. 4,48,200/- as compensation in favour of the claimant. Rambir, the claimant, who suffered injuries in a road side accident that took place on 10.04.2009 has remained hospitalized from 10.04.2009 to 24.04.2009 and had spent a sum of Rs. 2,00,000/- in his treatment. He has claimed that he has suffered permanent disability on account of the injuries he suffered in the accident. He has also added that he was 37 years of age when he met with this accident and he was an agriculturist/skilled labourer. He was working on the thresher attached to the tractor bearing registration No. HR35-5209 and was earning Rs. 3300/- per month. He was the sole bread winning member of his family.

The respondents have denied the aforesaid averments of the claimant. They have denied the claimant to be earning anything or to have spent anything in his treatment. He is also denied to have suffered any permanent disability. He is denied to deserve a sum of Rs. 15,00,000/- as compensation.

Learned Tribunal assessed a sum of Rs. 4,03,200/- as compensation on account of permanent disability to the extent of 100%. A sum of Rs. 5000/- was assessed as compensation for pain and suffering, a sum of Rs. 15,000/- for expenses on medical treatment and a sum of Rs. 25,000/- for loss of income during treatment.

Learned counsel for the appellant has contended that this is a case of 100% disability. According to him, learned Tribunal should have assessed compensation at a higher amount for the loss of future income on account of the disability. According to him, the amount of Rs. 5000/- assessed for pain and suffering is nothing but insult to the claimant. He has further submitted that under these two heads, compensation should be enhanced.

Learned counsel for respondent No. 3 has submitted, on the other hand, that adequate compensation has already been awarded by learned Tribunal to the claimant. According to her, the compensation assessed is already just and proper, which admits of no further enhancement.

Learned Tribunal has assessed a sum of Rs. 15,000/- as compensation for the expenses incurred in his treatment. Learned counsel for the appellant has no quarrel with this amount. It is a case of 100% disability and compensation has to be assessed as if it is assessed for a dead person. The only difference in a case of a deceased and this injured would be that no deduction would be applied because the claimant is still alive and he will have to spend the amount on himself from the compensation he would be awarded.

Taking the amount of Rs. 3300/- per month as the income of the claimant in the accident, he having lost both of his hands and is unable to do any work. The loss is 100% of the income. Multiplying the annual dependency with 12 and then further with 15, the suitable multiplier in this case, I find a sum of Rs. 5,94,000/- as the amount lost by the claimant towards his future income on account of the disability.

Amount of Rs. 5000/- for pain and suffering is just a pittance. A person, who has lost both of his hands can well be imagined to have a lot of pain and suffering. A sum of Rs. 50,000/- would, therefore, be adequate compensation in this regard.

Therefore, enhancing the compensation in the segment of pain and suffering and loss of future income, on account of the disability, I assess a sum of Rs. 6,84,000/- as compensation in favour of the claimant-appellant. As a result, the appeal succeeds and is allowed enhancing the compensation from Rs. 4,48,200/- to Rs. 6,84,000/-, which shall be payable by the respondents to the claimants alongwith interest and as per the other terms settled by the Tribunal.