The Allahabad High Court has increased the compensation granted by a tribunal to a minor who has been permanently disabled by a road accident.
The Division Bench of Justice Kaushal Jayendra Thaker and Justice Ajai Tyagi passed this order while hearing a petition filed by Bony Dubey. The court observed:
“The respondent-Insurance Company shall deposit the amount within a period of 12 weeks with interest at the rate of 7.5% from the date of filing of the claim petition till the amount is deposited. The amount already deposited be deducted from the amount to be deposited.”
The Court observed that the accident having taken place is not in dispute. The appellant having suffered loss of income besides other grievous injuries fracture in spinal cord from several places and as such all body parts below waist became senseless and he is on the wheelchair is not in dispute. The vehicle is insured with the insurance company and there is no breach of a policy condition is not in dispute. The accident occurred way back in 2010 is not in dispute. The involvement of the vehicle is not in dispute and it is proved before the Tribunal that the driver was negligent.
The First Appeal From Order has been filed under section 173 of Motor Vehicle Act, by appellant Bony Dubey, being aggrieved by judgment dated August 5, 2013 passed by Motor Accident Claims Tribunal, Allahabad in Claim Petition awarding a sum of Rs 15,72,848 with interest at the rate of 6% to the injured.
In this appeal, the appellant challenges the findings as they are perverse and against the record and, therefore, factual data is not adverted to except that the accident occurred on January 23, 2010 at 12.30 when rashly and negligently driven vehicle hit the motorcycle coming from opposite direction as such appellant (pillion rider on the motorcycle) sustained grievous injuries resulting in permanent disability to the appellant.
The appellant was about 15 years of age when the accident occurred and he would be by now 25 years of age. But unfortunately tribunal has considered yearly income Rs 36,000/-, loss of income Rs 5,40,000/-, Medical Bill & Vouchers Rs 9,99,848/-, Rs 10,000/- for pain & sufferings, Rs 15,000/- for Extra Diet & Nourishment and total Award of Tribunal Rs 15,72,848 with 6% rate of interest.
It is submitted by the counsel for the appellant claimant that the Tribunal has materially erred in calculating the amount of claim.
Victim was 15 years of age who has been rendered totally incapacitated. As per the medical advice, he has suffered 90% disability for the body as a whole which means it would be 100% disability for earning, he has to move in a wheel-chair and his chances of marriage have become practically nil. The accident occurred a decade ago, namely, 2010. Hence he would be at the age of 25 years as of today.
The Court evaluated the income in view of the decisions of the Apex Court titled Hdfc Ergo General Insurance Co. Ltd. v. Mukesh Kumar, 2021 (0) AJEL-SC 67851 and Jithendran v. New India Assurance Co. Ltd, 2021 (0) AIJEL-SC 67944 and, the recalculate the compensation which would be as follows:-
i. Income Rs.5,000 x 12=60,000/-p.a.
ii. Percentage towards future prospects : 40% namely Rs.24,000/-
iii. Total income : Rs.60,000+24,000 = Rs.84,000/-
iv. Multiplier applicable : 15 v. Loss of dependency: Rs.84,000 x 15 = Rs.12,60,000/-
vi. Bleak prospect of Marriage: Rs.1,00,000/-
vii. For pain & sufferings: Rs.5,00,000/- viii. Future medicine expenses = Rs.5,00,000/-
ix. All other heads for wheelchair = Rs.1,20,000/-
x. Total compensation : Rs.12,60,000 + Rs. 1,00,000 + 5,00,000 + 5,00,000 + Rs.1,20,000 =24,80,000/-
The court observed:
“In view of the above, the appeal is partly allowed and oral counterclaim is allowed. Judgment and award passed by the Tribunal shall stand modified to the aforesaid extent.”