Allahabad High Court
The New India Assurance Co. Ltd. vs Taslim Ahmed And Another on 21 October, 2011
Bench: Sunil Ambwani, Kashi Nath Pandey
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- FIRST APPEAL FROM ORDER No. - 3461 of 2011
Petitioner :- The New India Assurance Co. Ltd.
Respondent :- Taslim Ahmed And Another
Petitioner Counsel :- Saurabh Srivastava
Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
We have heard Shri Saurabh Srivastava, learned counsel for the appellant-the New India Assurance Co. Ltd.
This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the award dated 20.7.2011 passed by the MACT/ ADJ-IInd, Kaushambi in the Motor Accident Claim Petition No.20 of 2009 for Rs.5,21,536/-.
The claimant Shri Taslim Ahmed son of Shri Shamim Ahmed is a child aged 10 years. He met with an accident on 20.1.2009, at 3.30 p.m., while coming back from school on his bicycle. He was hit by Truck No.UP-70-AT-7311 from behind. The truck was insured by the appellant company. A criminal case was registered with Crime No.19 of 2009 under Section 279, 337, 338, 427 IPC.
The claimant child sufferred with serious injuries as a result of which his left leg was amputated. His disability was worked out by the Chief Medical Officer, Kaushambi, at 75% [amputation of leg with stiff ankle (R) and deformed foot (R)] vide certificate dated 16.3.2011 and was accepted by the Tribunal.
The Tribunal recorded the findings that accident was caused by rash and negligent driving and has awarded Rs.83,936/- towards the treatment; Rs.27,600/- towards expenses of travelling for treatment and has worked out the compensation for disability by calculating his future wages to be at least Rs.3000/- per month with working loss of Rs.27,000/- per year. According to the disability, applying the multiplier of 15, the compensation has been worked out at Rs.4,05,000/-. The Tribunal has also awarded Rs.57,000/- towards pain and sufferring and Rs.1,11,536/- towards medical expenses.
The Tribunal found that the vehicle was covered under valid insurance policy issued by the appellant-insurance company. Shri Jeet Lal, the driver of the vehicle had a valid and effective license on the date of the accident. The insurance company thus cannot avoid the liability of payment of compensation.
The Tribunal has not applied the principles of working out compensation on the disability caused due to injuries. We do not propose to interfere in the matter as the amount awarded by the Tribunal is, in our opinion, on the lower side. A child aged 10 years having lost left leg and deformed right ankle and foot has been crippled for life. No amount of compensation can mitigate the loss suferred by him, to be condemned to lead the life of an amputee, which will deprive him all the pleasures that the life offers to a normal healthy person. He will suffer discrimination in school, college and in employment. He may also loose the comfort of a married life and will suffer severe handicap, in getting suitable employment. In the circumstances, the Tribunal has not been fair in awarding adequate compensation to him.
We do not find substance in the arguments of learned counsel appearing for the appellant-insurance company that the loss of wages worked out at Rs.3000/- per month is unreasonable. On the contrary we find that the calculation of loss of future wages at such rate is very small as compared to actual loss which he will suffer. The Tribunal has not given any compensation to him for artificial limb; the cost of travelling with the handicap, which will have to bear all his life. In cases of disability due to loss of limbs the Tribunal must consider the cost of artificial limb, its maintenance and changes to be carried out from time to time; the cost of special clothing; footwear, all the hardships and loss of pleasures of life, which a handicapped person suffers to lead the life as a differently abled person. The compensation in such cases must be real and effective. The entire approach should be objective to compensation in actual measure.
We do not find any good ground to interfere with the award and dismiss the appeal to avoid agony of litigation to the small child.
The amount of Rs.25,000/- deposited shall be remitted to the Tribunal within a month.
Before parting with the matter, we find that the deposit of entire amount of compensation in fixed deposit with interest to be given to the child does not take into account the expenses on treatment borne by his father. In the circumstances, we direct that Rs.1,15,536/- awarded as compensation for treatment along with interest shall be paid over to the respondent No.1, through his father. The remaining amount shall be deposited in highest interest bearing fixed deposit/ monthly income scheme of which the monthly interest shall be paid to respondent No.1, until he attains the age of majority. On attaining the age of majority the entire amount will be paid to him. It will be open to the claimant to withdraw such portion of the compensation, as may be required to meet expenses for treatment or artificial limb with the permission of the Tribunal.
Order Date :- 21.10.2011
SP/
