The division judge bench of Justice B.R. Gavai and Justice B.V. Nagarathana of the apex court in the case of T.J. Parameshwarappa Vs The Branch Manager, New India Insurance Company Ltd enhances the award of compensation to the appellant herein from Rs.7,37,604/ to Rs.11,67,405/which shall carry interest at the rate of 6% per annum from the date of filing of claim petition till realization.
BRIEF FACTS
The factual matrix of the case is that the claimant was travelling in the tanker lorry along with the driver. However, the driver of the tanker lorry drove the same in a rash and negligent manner and with high speed and dashed into the hind portion of another lorry.
As a result of which claimant sustained comminuted fracture of tibia bones of both legs and other injuries on his body. Also, he undergone the treatment as an impatient from 15.05.2015 to 13.06.2015 and thereafter took followup treatment as an outpatient.
The learned counsel appearing on behalf of the appellant has contended that he suffered both financial and physical harm as a result of the accident, which left him permanently incapacitated and prevented him from performing his job as a cleaner in the tanker lorry due to fractures in both of his tibia bones and other ailments. that due to his lifelong impairment, he is also unable to carry out his regular everyday activities.
That despite earning Rs. 18,000 per month as a cleaner in a tanker van, he is now unable to work and cannot support himself. As a result, he filed a claim case asking for Rs. 20 lakhs in damages for his injuries, and the tribunal, in its judgement and award, granted him Rs. 21,08,400.
Thereafter the appeal was filed before the High court by the insurer as well as by the insured claimant and the high court reduced the compensation to Rs.7,37,604/. No compensation was awarded towards loss of marriage prospects and loss of future prospects. Consequently, the appeals were disposed of in the above terms by the High Court.
COURT’S OBSERVATION
The hon’ble apex court modified the judgement passed by the high court by enhancing the award of compensation to the appellant herein from Rs.7,37,604/ to Rs.11,67,405/which shall carry interest at the rate of 6% per annum from the date of filing of claim petition till realization.
CASE NAME- T.J. Parameshwarappa Vs The Branch Manager, New India Insurance Company Ltd
CITATION- CIVIL APPEAL NOS.85988599 OF 2022
CORUM- Justice B.R. Gavai and Justice B.V. Nagarathana
DATE- 18.11.22
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