Anoop Kumar Vs. Janrel Singh and ors. - Court Judgment

Excerpt:
- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - appellant shall be at liberty to approach the learned tribunal for disbursement of further amount for his best education and marriage purpose.ordern.k. mody, j.1. being aggrieved by the inadequacy of the amount awarded vide award dated 18.2.1999 in claim case no. 45/1994 passed by iind mact, neemuch whereby in a claim petition filed by appellant learned tribunal awarded a sum of rs. 55,659 along with interest @ 12% p.a., the present appeal has been filed.2. short facts of the case are that appellant who was aged four years at the time of accident met with an accident by truck bearing registration no. pb08f/8124, which was being driven by respondent no. 1, owned by respondent no. 2 and insured with respondent nos. 3 and 4 at the relevant time. claim petition was filed by the appellant which was contested by the respondent no. 4. on the basis of pleadings of the parties learned tribunal framed the issues, recorded the evidence and passed the award for a sum of rs. 55,659.3. learned counsel for the appellant submits that on account of accident, left leg of the appellant has been amputated above the knee, appellant has suffered a lot on account of injuries and appellant was to undergo for operation. it is submitted that an artificial leg was to fix for that appellant rushed up to jaipur. it is submitted that the amount awarded is on lower side, looking to the injuries sustained by the appellant. the break up of the amount awarded by learned tribunal is as under:rs. 50,000 : towards general damages.rs. 5,659 : towards medical expenses.4. mr. t.c. jain, learned counsel for appellant placed reliance on a decision in the matter of nitin walia v. union of india and ors. reported in i : air2001delhi140 , wherein delhi high court in a case of amputation of right arm below the shoulder of a boy aged three years awarded a sum of rs. 5,00,000. further reliance was placed on a decision in the matter of javid v. lalji yadav and ors. reported in , wherein in a case of amputation of left leg from knee of a boy aged five years, rajasthan high court awarded a sum of rs. 5,00,000. learned counsel further placed reliance on a decision in the matter of shiva v. chander mohan and ors. reported in , wherein a divisional bench of this court in a case of amputation of left leg above the knee joint, awarded a sum of rs. 3,00,000 to the appellant, who was a labourer. further reliance was placed by the divisional bench of this court in the matter of national insurance co. ltd. v. b. rama rao and ors. reported in , wherein the claimant who was a boy of 22 years and was studying in second year in engineering college, a sum of rs. 7,00,000 was awarded by this court.5. learned counsel for the appellant further placed reliance on a decision in the matter of fakkirappa v. yallawwa and anr. reported in , wherein a divisional bench of karnataka high court in case of minor male child who had been born and brought up predominantly in an agriculturist family and whose left leg below knee was amputated in first spell, thereafter he was again admitted as an inpatient for follow up treatment and rectification awarded a sum of rs. 5,85,000 keeping in mind that injured would require replacement of artificial leg every year in conformity with his growth in height.6. mr. gaurav laad learned counsel for the respondent no. 4 submits that at the time of accident the appellant was aged four years and amount awarded by the learned tribunal is just and proper. learned counsel placed reliance on a decision in the matter of harish v. k. basha sab and ors. reported in , in which karnataka high court in the case of amputation of left leg of a boy aged four years, who suffered 100% disability has awarded a sum of rs. 81,000. further reliance was placed, wherein the hon'ble supreme court in the matter of nagappa v. gurudayal singh and ors. reported in : air2003sc674 , in a case of amputation of right leg disability was assessed 80% to 85% and the injured was using artificial leg and was required to change the artificial leg every 2 to 3 years after some sort of operation, wherein learned tribunal has awarded 30,000 and high court has enhanced a sum of rs. 1,00,000. thereafter hon'ble apex court further enhanced a sum of rs. 1,00,000.7. mr. t.c. jain, learned counsel for appellant distinguishes the decision of hon'ble apex court in the matter of nagappa v. gurudayal singh (supra). it is submitted that in this case age of the injured is not mentioned. it is also submitted that in this case the amputation is below the knee while in the case in hand learned counsel submits the age of the appellant was four years at the time of accident and the amputation is above the knee.8. apart from this learned counsel submits that the decision of the hon'ble apex court is based on an accident which took place in the year 1985, while the accident in the case in hand took place on 13.5.1994, i.e., after 9 years.9. looking to the injuries sustained by the appellant the amount of rs. 55,659 awarded by the learned tribunal is undisputedly on lower side and deserves to be enhanced. at the time of accident appellant was aged four years only. father of the appellant was serving in the post office. inspite of the above accident, learned counsel submits that appellant is studying and at present he is in class 11th. because of the accident in which leg of the appellant has been amputated from above the knee. the appellant is entitled for compensation on account of medical expenses, expenses on attenders because the appellant was aged four years, expenses on permanent disability, pain and suffering, etc.10. since the accident took place before 12 years, therefore, the appellant is entitled for following:pain and suffering : rs. 50,000loss of amenities of life, happiness, frustration, etc. : rs. 1,00,000loss of marriage prospects : rs. 50,000amputation of leg above knee : rs. 1,50,000loss of expectation of life : rs. 50,000medical expenses inclusive of special food,nourishment : rs. 25,000attendant and conveyance charges : rs. 10,000future medical expenses to replace artificial left legtill he attains the age of 22 years : rs. 65,000-------------total : rs. 5,00,000--------------11. since a sum of rs. 55,659, was awarded by the learned tribunal, therefore, appellant is further entitled for a sum of rs. 4,44,341 with 6% interest per annum from the date of application. an amount of rs. 1,00,000 out of awarded amount be paid to the appellant immediately and rest of the amount be kept in a nationalised bank. appellant shall be entitled to get monthly interest. appellant shall be at liberty to approach the learned tribunal for disbursement of further amount for his best education and marriage purpose. appellant shall also be entitled for costs including lawyers fee, which is quantified as rs. 7,500.12. with the aforesaid modification, this appeal stands disposed of.

Judgment:
ORDER

N.K. Mody, J.

1. Being aggrieved by the inadequacy of the amount awarded vide award dated 18.2.1999 in Claim Case No. 45/1994 passed by IInd MACT, Neemuch whereby in a claim petition filed by appellant learned Tribunal awarded a sum of Rs. 55,659 along with interest @ 12% p.a., the present appeal has been filed.

2. Short facts of the case are that appellant who was aged four years at the time of accident met with an accident by truck bearing registration No. PB08F/8124, which was being driven by respondent No. 1, owned by respondent No. 2 and insured with respondent Nos. 3 and 4 at the relevant time. Claim petition was filed by the appellant which was contested by the respondent No. 4. On the basis of pleadings of the parties learned Tribunal framed the issues, recorded the evidence and passed the award for a sum of Rs. 55,659.

3. Learned Counsel for the appellant submits that on account of accident, left leg of the appellant has been amputated above the knee, appellant has suffered a lot on account of injuries and appellant was to undergo for operation. It is submitted that an artificial leg was to fix for that appellant rushed up to Jaipur. It is submitted that the amount awarded is on lower side, looking to the injuries sustained by the appellant. The break up of the amount awarded by learned Tribunal is as under:

Rs. 50,000 : Towards general damages.Rs. 5,659 : Towards medical expenses.

4. Mr. T.C. Jain, learned Counsel for appellant placed reliance on a decision in the matter of Nitin Walia v. Union of India and Ors. reported in I : AIR2001Delhi140 , wherein Delhi High Court in a case of amputation of right arm below the shoulder of a boy aged three years awarded a sum of Rs. 5,00,000. Further reliance was placed on a decision in the matter of Javid v. Lalji Yadav and Ors. reported in , wherein in a case of amputation of left leg from knee of a boy aged five years, Rajasthan High Court awarded a sum of Rs. 5,00,000. Learned Counsel further placed reliance on a decision in the matter of Shiva v. Chander Mohan and Ors. reported in , wherein a Divisional Bench of this Court in a case of amputation of left leg above the knee joint, awarded a sum of Rs. 3,00,000 to the appellant, who was a labourer. Further reliance was placed by the Divisional Bench of this Court in the matter of National Insurance Co. Ltd. v. B. Rama Rao and Ors. reported in , wherein the claimant who was a boy of 22 years and was studying in second year in Engineering College, a sum of Rs. 7,00,000 was awarded by this Court.

5. Learned Counsel for the appellant further placed reliance on a decision in the matter of Fakkirappa v. Yallawwa and Anr. reported in , wherein a Divisional Bench of Karnataka High Court in case of minor male child who had been born and brought up predominantly in an agriculturist family and whose left leg below knee was amputated in first spell, thereafter he was again admitted as an inpatient for follow up treatment and rectification awarded a sum of Rs. 5,85,000 keeping in mind that injured would require replacement of artificial leg every year in conformity with his growth in height.

6. Mr. Gaurav Laad learned Counsel for the respondent No. 4 submits that at the time of accident the appellant was aged four years and amount awarded by the learned Tribunal is just and proper. Learned Counsel placed reliance on a decision in the matter of Harish v. K. Basha Sab and Ors. reported in , in which Karnataka High Court in the case of amputation of left leg of a boy aged four years, who suffered 100% disability has awarded a sum of Rs. 81,000. Further reliance was placed, wherein the Hon'ble Supreme Court in the matter of Nagappa v. Gurudayal Singh and Ors. reported in : AIR2003SC674 , in a case of amputation of right leg disability was assessed 80% to 85% and the injured was using artificial leg and was required to change the artificial leg every 2 to 3 years after some sort of operation, wherein learned Tribunal has awarded 30,000 and High Court has enhanced a sum of Rs. 1,00,000. Thereafter Hon'ble Apex Court further enhanced a sum of Rs. 1,00,000.

7. Mr. T.C. Jain, learned Counsel for appellant distinguishes the decision of Hon'ble Apex Court in the matter of Nagappa v. Gurudayal Singh (supra). It is submitted that in this case age of the injured is not mentioned. It is also submitted that in this case the amputation is below the knee while in the case in hand learned Counsel submits the age of the appellant was four years at the time of accident and the amputation is above the knee.

8. Apart from this learned Counsel submits that the decision of the Hon'ble Apex Court is based on an accident which took place in the year 1985, while the accident in the case in hand took place on 13.5.1994, i.e., after 9 years.

9. Looking to the injuries sustained by the appellant the amount of Rs. 55,659 awarded by the learned Tribunal is undisputedly on lower side and deserves to be enhanced. At the time of accident appellant was aged four years only. Father of the appellant was serving in the Post Office. Inspite of the above accident, learned Counsel submits that appellant is studying and at present he is in class 11th. Because of the accident in which leg of the appellant has been amputated from above the knee. The appellant is entitled for compensation on account of medical expenses, expenses on attenders because the appellant was aged four years, expenses on permanent disability, pain and suffering, etc.

10. Since the accident took place before 12 years, therefore, the appellant is entitled for following:

Pain and suffering : Rs. 50,000Loss of amenities of life, happiness, frustration, etc. : Rs. 1,00,000Loss of marriage prospects : Rs. 50,000Amputation of leg above knee : Rs. 1,50,000Loss of expectation of life : Rs. 50,000Medical expenses inclusive of Special food,nourishment : Rs. 25,000Attendant and conveyance Charges : Rs. 10,000Future medical expenses to replace artificial left legtill he attains the age of 22 years : Rs. 65,000-------------Total : Rs. 5,00,000--------------

11. Since a sum of Rs. 55,659, was awarded by the learned Tribunal, therefore, appellant is further entitled for a sum of Rs. 4,44,341 with 6% interest per annum from the date of application. An amount of Rs. 1,00,000 out of awarded amount be paid to the appellant immediately and rest of the amount be kept in a nationalised bank. Appellant shall be entitled to get monthly interest. Appellant shall be at liberty to approach the learned Tribunal for disbursement of further amount for his best education and marriage purpose. Appellant shall also be entitled for costs including lawyers fee, which is quantified as Rs. 7,500.

12. With the aforesaid modification, this appeal stands disposed of.