The National Insurance Company Limited and Others vs T. Vikram and Others

B. Chandra Kumar, J.—M.A.C.M.A. No. 3420 of 2005 and the Cross Objections are preferred by the Insurance Company and the claimant, respectively, being aggrieved by the award dated 08-04-2005 passed in OP No. 458 of 2003 by the Chairman, Motor Accidents Claims Tribunal-cum-II Additional District Judge, Warangal, whereby and whereunder the Tribunal awarded compensation of Rs. 2,95,000/-- out of the total claim of Rs. 5,00,000/-.

The parties hereinafter will be referred to as they are arrayed before the Tribunal for the sake of convenience.

Since the quantum is in question, there is no need to discuss other aspects.

The claimant was aged about 23 years at the time of accident. In case of injuries, the nature of injuries the disability sustained by the injured medical: expenses incurred, loss of earnings during the period of treatment, future loss of earnings if any due to the disability sustained by the claimant are the main points that have to be considered along with those aspects. The nominal amounts towards attendant charges, extra-nourishment etc., have to be granted. According to the claimant, he sustained permanent disability and he is unable to attend the normal duties. Ex. A. 3 is the wound certificate. Ex. A. 77 is x-ray films. Ex. X. 1 is the case sheet. These documents reveal that the claimant sustained two grievous injuries. He was treated at Apollo Emergency Hospital, Hyderabad from 01-01-2003 to 08-01-2003 as in-patient. He underwent operation on 02-01-2003. P.W. 2 is Orthopedic surgeon. According to him, the claimant suffered mal united fracture and also stiffness of right knee. The claimant filed disability certificate showing that he sustained 40% disability due to traumatic stiffness of right knee. He has to limp, while walking. But such disability may not result in total loss of earnings. Loss of earnings depend upon functional disability. Functional disability always depend upon the nature of job being done by the injured. In case of labourers or agriculturists or a village artisan or driver, if the injured is not able to use any one of his limb, he will not be in a position to do the same work, which he was doing previously. In many cases, there may be 100% loss of earnings or atleast 75% loss of earnings. In case where a person is doing sedentary nature of job such as working as clerk or officer in a government office or in a software company wherein he is not required to use his all limbs, there may not be total loss of earnings. However, the disability may cause some inconvenience and difficulty while going or returning from the office or while undertaking tours or trips. Though the disability may not directly effect the loss of earnings, but it may indirectly effect his earnings or chance of getting promotion or going to foreign countries etc., So in the above circumstances, some nominal percentage of loss of earnings have to be calculated. Having regard to the facts and circumstances of this case, I consider it is reasonable to take loss of earnings @ 5%. The Tribunal has taken the income of the claimant at Rs. 10,000/- per month. So loss of earnings would come to Rs. 500/- per month, Rs. 6,000/- per annum. The appropriate multiplier is ''18''. So the total loss of earnings would come to Rs. 1,08,000/-. The total medical bills filed by the claimant would come to Rs. 1,77,822/-. So in the above circumstances, I consider it just and reasonable to award an amount of Rs. 1,92,000/- towards medical expenses and other miscellaneous expenses. The Tribunal awarded Rs. 5,000/- towards transport charges and Rs. 20,000/- towards pain and suffering and Rs. 50,000/- towards permanent disability. The same are appears to be reasonable and there is no need to add any amount under such heads. So in the circumstances, the claimant is awarded Rs. 5,000/- towards extra-nourishment, Rs. 5,000/- towards loss of amenities of life and Rs. 5,000/- towards loss of expectation of life. Thus the total comes to Rs. 3,90,000/-. The Tribunal awarded rate of interest @ 9% p.a. and same is reduced to 7.5% p.a.

Accordingly, the MACMA is partly allowed. The Cross Objections are also allowed in-part awarding compensation of Rs. 3,90,000/-. The enhanced compensation shall carry interest at 7.5% p.a. However, in the circumstances, no costs.

As a sequel, the miscellaneous petitions, if any, pending in this appeal shall stand closed.