The Oriental Insurance Co Ltd v. Tarun Kumar & Ors.

1. The award of compensation dated 15.09.2015 passed in Suit No.231/12 is impugned on the ground that the learned Tribunal has erroneously granted 50% towards ‘loss of future prospects’ instead of 40% 2019:DHC:4183 in terms of the judgment of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors., (2017) 16 SCC 680, as the injured-victim would fall in the self-employed category.

2. By an apparent calculation error, the monthly income of the injuredvictim has been enhanced twice over towards ‘loss of future prospects’. His income was assessed at Rs.6,656/- per month, therefore, the annual income would be Rs.6,656 x 12, on which 40% would be added towards ‘loss of future prospects’.

3. An issue is raised apropos the compensation of Rs.5,00,000/- granted towards medical expenses i.e. for fitment of the prosthetic on the amputated leg of the injured-victim; his left lower limb has been amputated below the knee; he was about 21 years of age at the time of the accident; he was in the prime of his life and no matter what amount of compensation is granted to him, he would never be able to enjoy his life in the same carefree manner, as he did prior to his unfortunate incapacitation. One of the objectives of fair and just compensation would be that the injured be enabled to optimize his movements and to carry out his normal functions. One step in this direction would be the fitment of a standard quality prosthetic to his amputated leg.

4. In view of the above, compensation of Rs.5,00,000/- awarded to him in this regard cannot be faulted with. On the contrary, it would be incumbent upon the insurer to ensure that the prosthetic of high quality is provided to the injured even if cost is higher than what has been awarded under this head. The prosthetic shall have a life time warranty.

5. Furthermore, since the injured would not be able to walk long distances, the Court considers it just that he be provided with a motorized wheel chair. Let it be so done.

6. The Court would also note that the compensation awarded for ‘pain & suffering’ and for ‘loss of amenities and enjoyment of life’ i.e. Rs.30,000/and Rs.50,000/- respectively are also on the lower side. In view of the constant realization of the lessening of his physical abilities, the corollary deprivation and anguish, the compensation on aforesaid two counts is enhanced to Rs.60,000/- and Rs.1,00,000/- respectively.

7. Let a fresh computation of the amounts payable to the injured-victim in terms of the above be furnished by the insurer to him within two weeks from today. The latter shall deposit the excess amount before the learned Tribunal within four weeks from the date of receipt of copy of the order for disbursal to the beneficiary of the Award in terms of the scheme of disbursement specified therein. There shall be no interest on the enhanced amount.

8. The statutory deposit of Rs.25,000/-, alongwith interest accrued thereon, be refunded to the insurance company.

9. The appeal, alongwith pending application, stands disposed-off in the above terms.

NAJMI WAZIRI, J. AUGUST 27, 2019 sb