Allahabad High Court
Oriental Insurance Co. Ltd. vs Javendra Kumar And Anr. on 11 April, 2022
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 1762 of 2015
Appellant :- Oriental Insurance Co. Ltd.
Respondent :- Javendra Kumar And Anr.
Counsel for Appellant :- S.K. Mehrotra
Counsel for Respondent :- Ajay Kumar Mishra
Hon'ble Vipin Chandra Dixit,J.
Heard Sri S.K. Mehrotra, learned counsel for the appellant and Sri Ajay Kumar Mishra, learned counsel for claimant-respondent No. 1 and perused the record. No one appears for respondent no.2.
This first appeal from order has been filed by the appellant -Insurance company against the judgment and award dated 10.4.2015 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Allahabad in M.A.C.P. No.936 of 2013 (Javendra Kumar vs. Gulab Chandra and another) awarding compensation of Rs.7,30,347/- alongwith 7% interest to the claimant-respondent no.1 on account of injuries received by him in the accident.
It is submitted by Sri S.K. Mehrotra, learned counsel for the appellant that there was 80% disability as per disability certificate and the Claims Tribunal has erred in accepting 100% loss of earning capacity of the claimant-injured. It is further submitted by learned counsel for the appellant that the Claims Tribunal has also erred in applying multiplier of '19' whereas the age of the injured was 18 years and appropriate multiplier would be of '18' as per law laid down by Hon'ble Apex Court in Sarla Verma vs. Delhi Road Transport Corporation reported in 2009(2) TAC 677 (S.C.).
On the other hand, learned counsel appearing for claimant-injured/respondent no.1 submitted that injured-claimant was engaged as a 'Helper' and was earning Rs.9000/- per month. It is further submitted that on account of injuries received by the injured, his left hand was amputated. He further submitted that on account of amputation the injured is unable to do any work and as such, there is 100% loss of earning capacity. He further submitted that nothing has been awarded by the Claims Tribunal for future prospects whereas the injured is entitled to 40% towards future prospects in view of law laid down by Hon'ble Apex Court in the case of Jagdish vs. Mohan and others reported in 2018(2) T.A.C. 14(S.C.).
Considering the rival submissions of learned counsels for the parties and evidence adduced by the claimant-injured, it is apparent that left hand of the claimant was amputated on account of injuries received in the accident and the Claims Tribunal has recorded the finding that on account of amputation, the injured is unable to do his work and as such, the Claims Tribunal has rightly accepted 100% loss of earning capacity. So far as multiplier is concerned, the Claims Tribunal has erred in applying multiplier of '19 and the appropriate multiplier would be '18' for the age group of 15-20 years.
In view of above, the appeal filed by Insurance Company is disposed of and the compensation awarded by the claimants is reassessed as under:-
1) Monthly income = Rs.3,000/-
2) Annual income = Rs. 3,000/- X 12 + Rs.36,000/-
3) Future prospects (40%) = Rs.14,400/-
4) Total annual income = Rs.36,000/- + Rs.14,400/- =Rs.50,400/-
5) Multiplier(18):- Rs.9,07,200/-
6) Medical Expenses:- Rs.36347/-
7) Pain and suffering:- Rs.10,000/-
Total Rs.9,07,200/- +Rs.36,347/- + Rs.10,000/- = Rs.9,53,547/-
In view of aforesaid discussion, the appeal filed by Insurance Company is disposed of and award of the Claims Tribunal is modified and compensation awarded by the Claims Tribunal is enhanced from Rs.7,30,347/- to Rs.9,53,547/-.The appellant-Oriental Insurance Company Limited is directed to deposit enhanced amount of Rs.2,23,200/- along with interest at the rate of 6% from the date of filing claim petition, within two months from today before the concerned Motor Accident Claims Tribunal. The claimant-injured/respondent no.1 is entitled to withdraw the entire deposited amount without furnishing any surety.
Order Date :- 11.4.2022
P.P.
