Uttarakhand High Court
Sanjay Verma vs Haryana Roadways on 27 March, 2006
Equivalent citations: II(2007)ACC182, 2008ACJ151
Author: Rajeev Gupta
Bench: Rajeev Gupta, M.M. Ghildiyal
JUDGMENT Rajeev Gupta, C.J.
1. They are heard.
2. This is claimant's appeal for enhancement of the compensation awarded by Motor Accident Claims Tribunal/Addl. District Judge, Udham Singh Nagar vide Award dated 12.6.2000 passed in Motor Accident Claim Petition No. 201 of 1999.
3. Claimant Sanjay Kumar Verma claimed compensation of Rs. 53,00,000 (Rupees fifty-three lakh only) for the injuries suffered by him in the motor accident on 12.8.1998 when the bus bearing registration No. HR07 PA 0197, in which he was travelling, met with an accident due to rash and negligent driving of its driver and fell in a ditch resulting in multiple injuries to several bus passengers including the claimant. The claimant further pleaded that he used to earn Rs. 5,000 per month from his shop and, on account of the injuries suffered by him in the accident, the lower part of his body has become paralysed rendering him unfit to pursue his occupation.
4. Respondent Haryana Roadways, while admitting the fact of the accident, pleaded that the accident did not occur due to the rash and negligent driving of the bus driver and as such, it was not liable to pay compensation to the claimant.
5. Before the Tribunal, the claimant examined P.W. 1 Dr. Sailendra Kumar Mishra and P.W. 2 Sanjay Kumar Verma in support of his claim, whereas the respondent examined D.W. 1 Rajendra Singh and D.W. 2 Daleep Kumar in rebuttal.
6. The Tribunal, on a close scrutiny of the evidence led by the parties, held that claimant Sanjay Kumar Verma suffered injuries in the accident; the accident occurred due to rash and negligtent driving of the bus driver; the injuries suffered by the claimant resulted in permanent disability to the extent of 100 per cent. Considering the extent of permanent disability and the amount proved to have been spent by the claimant on his treatment, the Tribunal awarded a sum of Rs. 1,38,552 towards Medical Expenses; Rs. 1,38,400 towards Loss of Income; and Rs. 23,048 towards Future Expenses. Thus, a total sum of Rs. 3,00,000 (Rs. three lakhs only) was awarded as compensation to the claimant for the injuries suffered by him in the accident and the amount spent on treatment.
7. Mr. G.B. Pande, the learned Counsel for the submitted that the Tribunal has erred in deducting 2/3rd of the amount worked out under the head of "Loss of Income" and in awarding only the remaining 1/3rd of the said amount to the claimant. The learned Counsel, placing reliance on the dicta of the Apex Court in the cases of R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. and Ors. reported in I (1995) ACC 281 (SC); Nagesha v. M.S. Krishna and Anr. ; Ashwani Kumar Mishra v. P. Muniam Babu and Ors. , further submitted that the compensation of Rs. 3,00,000 (Rupees three lakhs only) awarded by the Tribunal is too low in comparison to the serious injuries suffered by the claimant in the accident and the fact that those injuries resulted in permanent disability to the extent of 100 per cent. Reliance was also placed on the decisions in the cases of New India Assurance Co. Ltd. v. K. Kartheeswaran and Anr. ; K. Narasimha Murthy v. Manager, Oriental Insurance Co. Ltd. and Anr. ; Hemant Krishnanath Wadhe v. Patheja Forging and Auto Parts Manufacturing Co. Pvt. Ltd. and Ors. .
8. Mr. Subhash Upadhyay, learned Counsel for the respondent Haryana Roadways, on the other hand, supported the Award and submitted that the Tribunal has been quite liberal in awarding the substantial amount of Rs. 3,00,000 (Rupees three lakhs only) as compensation to the claimant.
9. The findings that claimant Sanjay Kumar Verma sustained injuries in the accident and the accident occurred due to rash and negligent driving of the bus driver, have now attained finality, as the respondent has not filed any appeal against the Award. Even otherwise, those findings, being based on proper appreciation of the evidence on record, are well merited and do not call for any interference in this appeal.
10. From Page 10 of the Award, we gather that the Tribunal assessed the income of the claimant as Rs. 41,300 per annum on the basis of the Income Tax Returns produced before the Tribunal. By multiplying the said amount with the multiplier of 15, the Loss of Income was assessed at Rs. 6,19,500. The Tribunal apparently fell into error in deducting 1/3rd of the said amount as the personal expenses of the claimant himself. Such a deduction is permissible only in death cases where the dependency of the claimants on the deceased is to be assessed and 1/3rd of the income of the deceased is deducted as his personal expenses. As the present was an injury case and not a death case, the deduction made by the Tribunal cannot be upheld.
11. Similarly, the other deduction of 1/3rd of Rs. 6,19,500 made by the Tribunal on account of the compensation being paid to the claimant as lump sum, has no legal sancity and cannot be sustained.
12. The net result of the above discussion that the deductions of 1/3 rd and 1/3rd of the amount of compensation of Rs. 6,19,500 made by the Tribunal under the head of 'Loss of Income' are liable to be set aside and are, hereby, set aside. The claimant, therefore, becomes entitled to get the full sum of Rs. 6,19,500 under the head of 'Loss of Income' as was assessed by the Tribunal before making the above-referred deductions.
13. The sum of Rs. 1,38,552 awarded by the Tribunal towards Medical Expenses do not call for any enhancement, as admittedly the bills and vouchers produced by the claimant before the Tribunal were to the extent of Rs. 1,38,552 only.
14. The sum of Rs. 23,048 awarded by the Tribunal towards Future Treatment is certainly on the lower side and deserves to be enchanced suitably. The Tribunal has not awarded any sum towards 'Pain and Suffering'. In our considered view, a lump sum of Rs. 50,000 under the heads of 'Future Treatment' and 'Pain and Suffering' would be reasonable in the facts and circumstances of the case.
15. Thus, the appellant is entitled to get a sum of Rs. 6,19,500 towards 'Loss of Income'; Rs. 1,38,552 towords 'Medical Expenses'; and a sum of Rs. 50,000 towards 'Future Treatment' and 'Pain and Suffering'. The claimant, in all, therefore, is entitled to receive a total sum of Rs. 8,08,052 (Rupees eight lakh eighty thousand and fifty two only) as compensation for the injuries suffered by him in the accident and the amount spent on treatment.
16. The appeal, therefore, is allowed in part. The compensation of Rs. 3,00,000 (Rupees three lakh only) awarded by the Tribunal is enhanced to Rs. 8,08,052 (Rupees eight lakh eight thousand fifty-two only). The enhanced amount shall bear interest at the rate of 6% per annum from the date of the application i.e., 24.8.1999. No order as to costs.