THE UNITED INDIA INSURANCE CO.LTD. v. SRI. VIJAYAKUMAR KESHAV ALASE
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Original judgment text
The brief facts of the case are: The occurrence of the accident and the resultant injuries sustained in the road traffic accident are not dispute. The liability has been accepted by the insurer -I t Jt’ t ‘ . _t ‘ .‘ g11V17 • •• r’. • g ‘ ? r • s t’% 1 t T I .il.f •‘. ‘ : _I— ‘! — . — .1—’d :.t .r. r .1: ‘)‘rj 1 n. : • flflur% ill fltt I ; ‘‘n4. n1t t It1 I r.c • ..t n •. •: L.kh.’. Coheg. 1%. 1 SS I
1. p. It J U V T.)fl ill,) c rs u le’ v ‘l•o’i stir c iF (otto iJ 6%d 1, irla t”- r•gh’ lt.wg.r Urd’ r’e i.s •c •j•• It h - ‘,c’”t . •i %irIe’ral-’e Hill •t • • ‘t’_tfl’t. ., _r.b1s’,’ •“C’ rn”J rtlaflt!Jfl • 1:il tts.e1I ‘itj1I:V t’;’ S ‘3 tV n.nh ). ?(Cjt1 ‘ I •cl. 3fl 1 s Cc ‘1 • • • 11€) r i I —SI _, •_ •1• 4 It lit C. i x • ‘ I ;± •.—•i • •• S a •,. 1,r i • • r—’ • • .,•• £ • •‘ ,‘.t’ • .1 • (I.. I. I ii, I • C • r ‘4 Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant-insurer has presented this appeal for reduction of compensation.
4. We have heard Sri.Ravindra R. Mane, learned counsel appearing for the appellant-insurer and SrLSrinand A. Pachchapure, learned counsel appearing for the cross objector for considerable length of time.
5. After careful perusal of the impugned judgement and award, the Tribunal has awarded compensation of ?56,3 19/ - towards medical/hospital expenses, Z 15,000/ - towards loss of amenities and ?13,000/- towards special diet, attendant and conveyance. The same is just and reasonable and does not call for interference. However, the Tribunal has erred in not awarding reasonable compensation towards loss of income during treatment period. The Tribunal has not awarded compensation towards loss of future income, future medical expenses and loss of one academic year. The case of the cross objector is that he was aged about 21 years, studying B.Sc. final year and working as part time computer instructor. It shows that he is a bright and committed
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6. Further, the Tribunal has erred determining the compensation towards loss of future income by assessing the permanent disability at 25% to the whole body. It is not in dispute that, the claimant had sustained injuries and the doctor has assessed the permanent disability at 38% to the right lower limb and 1/3rd of it would be 12.66% rounded off to 13%, which is the whole body disability. Accordingly, we re-determine the compensation under future loss of income at Z84,240/- (?3,000/-x12x13/ 100x18) as against U .62,000/-.
7. For the reasons stated above, the cross objector is entitled to the compensation under different heads as follows: Towards Pain and suffering ?50,000 — Towards Medical expenses 56,319 Towards Special diet, attendant and U 3,000 conveyance Towards Loss treatment period Towards Loss of amenities Towards Loss of future !ncome Towards Future medical expenses [ !20,000 Towards Loss of education Towards loss ofjvarriagepj2O,00O j fl,77,559 i during 9,00O 84,240 income Total 1 I - I
8. For the reasons stated above, thc appeal filed by the Insurance company is dismissed and the cross objection filed by the cross objector is allowed in part. 8 The impugned judgement and award dated 17.04.2006 passed by the Tribunal in MVC No.2168/2004 is hereby modified, awarding compensation of t2,77,559/- as against ?299,300/- reducing the compensation by 21,741/-. The appellant-insurance company is directed to deposit the remaining compensation amount with interest at 6% within six weeks from the date of receipt of copy of the judgement and award. Apportionment and the manner of disbursement ordered by the Tribunal is proportionately reduced. Amount in deposit shall be transmitted to jurisdictional Tribunal immediately. Office to draw the award accordingly. flJDGE Sd/s JUDGE MBS/