Raj Rani v. Suresh Kumar Gujar & Ors.

1. The appellant was the claimant before the motor accident claims tribunal in accident claim case (MACT No.633/2008) instituted by her on 28.07.2008, which after inquiry was decided by the tribunal, by judgment dated 30.04.2008, holding that she had suffered injuries in the motor vehicular accident that had occurred on 28.03.2008 due to negligent driving of motor vehicle described as bus, bearing registration No.RJ-14-PA-1733, admittedly insured against third party risk for the period in question with the third respondent (insurer). It was proved before the tribunal that the injuries suffered were in the nature of amputation of second and third toe of the left foot. The disability certificate (page 157 of the tribunal’s record) indicated the medical opinion that the physical impairment is to the extent of nine 2017:DHC:7452 per cent (9%). The tribunal, however, declined to grant any award under this head for the reason there was no proof that the claimant was working for gain. It awarded total compensation in the sum of Rs.95,000/-, calculating it thus:-

┌──────────────────────────────────────────────────────────────────────────────┐
│      Sl.                          Head                          Amount       │
│                                                                 (in Rs.)     │
│      No.                                                                     │
├──────────────────────────────────────────────────────────────────────────────┤
│      1.     Compensation for pain and suffering                  40,000/-    │
│      2.     Compensation for expenses incurred on medical          8,000/-   │
│             treatment                                                        │
│      3.     Compensation for special diet                          5,000/-   │
│      4.     Compensation for conveyance charges during             3,000/-   │
│             medical treatment                                                │
│      5.     Compensation on account of attendant charges           9,000/-   │
│      6.     Compensation for loss of enjoyment of amenities      15,000/-    │
│             of life on account of permanent disability                       │
│      7.     Compensation on account of inconvenience,            15,000/-    │
│             hardship, discomfort, disappointment, frustration                │
│             and mental stress in life.                                       │
│                                                        Total 95,000/-        │
│ 2.        The Tribunal directed the insurer to pay with interest though      │
└──────────────────────────────────────────────────────────────────────────────┘

8. The loss of income in future due to functional disability, after factoring in the element of future prospects to the extent of 10% in view of the ruling of Constitution Bench of the Supreme Court rendered on 31.10.2017 in SLP (C) 25590/2014, National Insurance Company Ltd. Vs. Pranay Sethi and Ors. is, thus, calculated as (3799/x 110/100 x 5/100 x 12 x 11) Rs.27,580.74 rounded off to Rs.28,000/- (Rupees Twenty Eight Thousand Only).

9. The award under the other heads is found to be just and adequate. The compensation in favour of the claimant is, thus, increased by Rs.28,000/-. The insurance company is held liable to satisfy the enhanced award by requisite deposit including the corresponding interest with the tribunal within thirty days making it available to be released to the claimant.

10. Needless to add, this does not disturb the recovery rights granted to the insurer.

11. The appeal stands disposed of in above terms. R.K.GAUBA, J. DECEMBER 01, 2017 vk