(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
parties, the matter is taken up for final disposal.
2. The appeal is filed by the claimant/appellant
3. For the sake of convenience and easy
before the Tribunal.
4. Heard the arguments from both learned
5. It is the case of the claimant/appellant that on
hand of the petitioner. Due to the said accident, the
6. From the medical evidence on record, it is
"Type III crush injury left hand nearly
complete amputation."
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7. The claimant has filed claim petition before the
Tribunal and the Tribunal has awarded compensation
under various head as follows:
Sl. Particulars Amount
No.
1. Pain and suffering Rs.1,00,000/-
2. Medical expenses Rs.3,52,069/-
3. Towards Rs.50,000/-
transportation,
nourishment,
conveyance and
attendant charges
4. Towards loss of future Rs.7,56,000/-
income due to
disability
5. Towards purchase of Rs.75,000/-
artificial hand and for
future medical
expenses
6. Towards loss of Rs.1,00,000/-
amenities of life and
loss of marriage
prospectus
Total Rs.14,33,069/-
8. Learned counsel for the respondent/insurance
company submitted that incase of injuries, income may be
added towards loss of future prospectus in life.
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9. Considering the nature of injuries sustained,
compensation awarded by Tribunal is lesser side. Therefore,
the same is required to be enhanced by modifying the
judgment and award.
10. Considering the injuries sustained, compensation
awarded under the heads of injuries, pain and suffering, and
towards loss of amenities awarded by the Tribunal is just and
proper. Hence, the same is kept intact. The compensation
awarded towards medical expenses of Rs.3,52,069/- is as
per the actual bills and receipts produced; therefore, the
same is kept intact. Further, Rs.50,000/- towards incidental
expenses like food, nourishment, traveling, attendant
charges, etc., awarded by the Tribunal is found to be just
and proper. Therefore, the same is kept intact. Further,
compensation of Rs.47,000/- towards loss of income during
laid up period for a period of 4 months, is awarded.
11. Further, the claimant has suffered a Type III
crush injury to the left hand, nearly complete amputation
and he had incurred expenses towards purchase of an
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artificial hand. Therefore, he required significant medical
expenses to recover. Consequently, compensation of
Rs.75,000/- is awarded towards future medical expenses.
12. In the present case, this Court has to consider
the case on all its preponderance of probabilities while
appreciating the evidence on record. The Tribunal has
committed an error in not considering the case properly
and appreciating the evidence on record. Therefore, the
claimant is entitled to compensation under the head of loss
of future earnings due to disability.
13. The accident occurred on 03.03.2018.
PW-2/Doctor has given evidence and he has stated that
the claimant has suffered disability to the left upper limb
at 90%, but the Tribunal has committed an error in
considering only 35% towards permanent physical
disability. Therefore, considering the evidence of the PW-
2/Doctor and also Ex.P-5/copy of wound certificate, 60%
permanent physical disability is taken into consideration as
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the claimant had suffered grievous injuries to the left
upper limb.
14. The claimant was aged 18 years old at the time
of accident. Accordingly as per the age group mentioned in
National Insurance Company Limited vs. Pranay
Sethi and others, reported in (2017) 16 Supreme
Court Cases 680, and as per the Division Bench
judgment of this Court in New India Assurance
Company Vs. Abdul S/o Mehaboob Tahasildar in MFA
No.103807/2016 C/w. MFA Nos.103835/2016 &
103807/2018 and as per the judgment of the Hon'ble
Supreme Court in the case of Sidram vs. Divisional
Manager, United India Insurance Company Limited
and another reported in (2023) 3 SCC 439, even in
the case of injuries, certain income is to be added towards
loss of future prospects in life.
15. The accident is caused in the year 2018. The
claimant was student. The Tribunal without appreciating
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the evidence on record properly, has taken monthly
income of the claimant at Rs.10,000/-, which is incorrect.
According to the income chart prepared by the Karnataka
State Legal Service Authority, monthly income of the
claimant is Rs.11,750/- taken into consideration. The
claimant was aged 18 years at the time of accident.
Therefore, appropriate applicable multiplier is 18. In view
of the decision of the Hon'ble Apex Court in case of
Pranay Sethi (supra), 40% of the income is to be added
towards loss of future prospects in life. Thus, the
claimant/appellant is entitled to compensation under the
head 'loss of future income including loss future
prospectus in life' as under:
Rs.11,750/- + Rs.4,700/- (40% of Rs.11,750/-) = Rs.16,450/-
Rs.16,450/- x 60% x 18 x 12 = Rs.21,31,920/-
16. Thus, in all, the claimant is entitled for total
compensation under various heads as under:
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Sl. Heads. Amount
No.
1. Towards injuries, pain and Rs.1,00,000/-
suffering.
2. Towards medical expenses. Rs.3,52,069/-
3. Towards loss of amenities. Rs.1,00,000/-
4. Towards loss of income Rs.47,000/-
during laid up period and
medical treatment period.
5. Towards incidental charges Rs.50,000/-
like attendant charges, food,
nourishment, conveyance,
etc.,.
6. Towards loss of future Rs.21,31,920/-
earning capacity.
7. Towards future medical Rs.75,000/-
expenses.
Total: Rs.28,55,989/-
17. Therefore, the appellant/claimant is entitled for
total compensation of Rs.28,55,989/-, along with interest
at the rate of 6% p.a. from the date of filing of the petition
till realization, as against Rs.14,33,069/- awarded by the
Tribunal. The Insurance Company is directed to deposit
the compensation within eight weeks from the date of
receipt of a certified copy of this judgment.
18. In the result, I proceed to pass the following:
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ORDER
i. The appeal is allowed-in-part.
ii. The judgment and award dated
15.07.2022 passed in MVC No.606/2019
on the file of I Additional Senior Civil
Judge and Member of MACT, III Bagalkot
stands modified.
iii. The claimant is entitled for total
compensation of Rs.28,55,989/- as
against compensation of Rs.14,33,069/-
awarded by the Tribunal.
iv. The total compensation amount shall
carry interest at the rate of 6% p.a.
from the date of petition till its
realization.
v. Respondent No.2/insurance company
shall deposit the amount within a period
of eight weeks from the date of receipt
of a copy of this judgment.
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vi. No order as to costs.
vii. Draw award accordingly.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA
CT:BCK
