Supreme Court - Daily Orders
Harish Kumar vs The Divisional Manager New India ... on 12 June, 2020
Bench: R. Banumathi, Indu Malhotra, Aniruddha Bose
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No(s). 2610 OF 2020
(Arising out of SLP(CIVIL)No.2259 of 2017)
HARISH KUMAR Appellant(s)
VERSUS
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD. Respondent(s)
O R D E R
Leave granted.
(2) This appeal is preferred against the judgment and order dated of judgment and order dated 15.07.2015 passed by the High Court of Karnataka at Bengaluru in MFA No.5677/2011 in and by which the High Court has affirmed the compensation of Rs.2,26,400/- awarded to the appellant-claimant by the Tribunal. Being aggrieved, the appellant-claimant has preferred this appeal.
(3) The appellant met with an accident on 13.02.2009 at about 10.20 a.m. while he was riding motorcycle bearing registration No.KA-53-E-8249. The accident was caused by the driver of tempo bearing registration No.KA-05-A-0197. Due to the accident the appellant sustained multiple injuries. The appellant has taken treatment as inpatient from 13.02.2009 to Signature Not Verified 03.03.2009.
Digitally signed byMAHABIR SINGH Date: 2020.06.18
Exhibit P-7 (Discharge Summary) and Exhibit P-12 16:28:05 IST Reason:
(inpatient record) show that the appellant sustained fracture of right tibia lower 1/3rd. PW-2, doctor who assessed the 2 permanent disability issued Exhibits P-10 and P-11. As per the disability certificate the appellant sustained permanent disability of 39% to the particular bomb and the same was assessed to the whole body at 13%. The appellant was working as an electrician. The Tribunal has taken the permanent disability of 10% to the whole body. Taking the income of the appellant at the rate of Rs.4000/- per month, the Tribunal has awarded the loss of future income at Rs.86,400/-. The Tribunal has adapted multiplication 18 and taking the disability at 10% the Tribunal has calculated the loss of future income at Rs.86,400/- (4,000 x 12 x 18 x 10 / 100). For pain and sufferings the Tribunal has awarded Rs.50,000/-; for loss of happiness and future amenities Rs. 50,000/-; for loss of income during the treatment period Rs.12,000/-; for incidental Charges Rs.18,000/-; for loss of future income Rs.86,400/-; and for future medical expenses Rs.10,000/- and thus awarded a total compensation of Rs.2,26,400/-. In the appeal before the High Court by the claimant, the High Court has affirmed the compensation awarded by the Tribunal.
(3) We have heard Mr. Anand Sanjay M. Nuli, learned counsel appearing for the appellant and Mr. J.P.N. Shahi, learned counsel appearing for the respondent and also perused the impugned judgment and the other materials on record. (4) At the time of the accident the appellant was working as an electrician. In his evidence, PW-1-claimant has stated that he was earning Rs.6,000/- per month. In support of his evidence, the appellant has filed Exhibit P-6 (salary 3 certificate) showing his monthly income Rs.6000/- per month.
Exhibit P-7 (Discharge Summary) and Exhibit P-12 (inpatient record) of the appellant show that the appellant sustained fracture of right tibia lower 1/3rd. PW-2, doctor who assessed the permanent disability issued Exhibits P-10 and P-11 the appellant’s permanent disability of 39% to the particulars bomb and 13% to the whole body.
(5) Since the appellant was an electrician injury caused to right tibia lower 1/3rd has to be suitably compensated keeping in view that the claimant’s monthly income at the relevant point of time was Rs.6,000/- and he has suffered permanent disability. Considering the avocation of the appellant and other facts and circumstances of the case, the permanent disability of the appellant has taken as 30%. The income of the appellant has taken as Rs.6000/- per month. The loss of future income due to permanent disability is calculated as Rs.3,88,800/- (Rs.6,000 x 12 x 18 x 30 / 100 = Rs.3,88,800/-). The compensation of Rs.50,000/- awarded for pain and sufferings and Rs.50,000/- awarded for loss of happiness and future amenities are maintained. The loss of income during the treatment period is increased from Rs.12,000/- to Rs.18,000/-. The incidental charges of Rs.18,000/- awarded by the Tribunal is maintained. The future medical expenses of Rs.10,000/- is increased to Rs.50,000/-. The total compensation amount of Rs.2,26,400/- is increased to Rs.5,74,800/- (Rs.3,88,800 + 50,000 + 50,000 + 18,000 + 18,000 + 50,000 = Rs.5,74,800/-). The enhanced compensation amount is payable with interest at 4 the rate of 6% per annum from date of filing of claim petition till the date of realisation. The respondent-Insurance Company is granted eight weeks’ time to pay the enhanced compensation along with the accrued interest at the rate of 6%, as mentioned above.
(6) The appeal is partly allowed.
..........................J. (R. BANUMATHI) ..........................J. (INDU MALHOTRA) ..........................J. (ANIRUDDHA BOSE) NEW DELHI, JUNE 12, 2020.
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ITEM NO.14 Virtual Court 5 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 2259/2017 (Arising out of impugned final judgment and order dated 15-07-2015 in MFA No. 5677/2011 passed by the High Court Of Karnataka At Bengaluru) HARISH KUMAR Petitioner(s) VERSUS THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO. LTD. Respondent(s) Date : 12-06-2020 This petition was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Anand Sanjay M. Nuli,Adv.
M/S. Nuli & Nuli, AOR For Respondent(s) Mr. J.P.N. Shahi,Adv.
Ms. Garima Prashad, AOR UPON hearing the counsel the Court made the following O R D E R The Court is convened through video conferencing. Leave granted.
In terms of the signed non-reportable order, the appeal is partly allowed.
Pending applications, if any, shall also stand disposed of. The parties are directed to bear their own costs.
(MAHABIR SINGH) (BEENA JOLLY) AR-cum-PS BRANCH OFFICER
(Signed non-reportable order is placed on the file)