1. Heard Ms. Aarushi Khare, learned counsel for appellant-insurance company and Sri Manish Tandon, learned counsel for respondents.
2. This appeal has been filed by the insurance company being aggrieved of the award dated 17.10.2020 passed by learned Presiding Officer of Motor Accident Claims Tribunal, Bareilly in MACP No. 692 of 2010 awarding compensation on an extraordinary high scale, overlooking the facts and circumstances of the case, in an arbitrary and illegal manner.
3. Learned counsel for the insurance company/appellant submits that accident had taken place on 31.01.2007, when claimants was travelling on a motorcycle bearing registration no. UP 25 M 1953, when he was hit by a truck bearing registration no. RJ 29 G 1151, as a result of which, claimant had suffered crush injuries on the left leg besides other injuries on the whole body. It is submitted that though left leg of the claimant was amputated and claimant was a student of B.Tech, but the fact of the matter is that he has been employed gainfully after completion of his B.Tech Course and there is no loss of income as far as claimant is concerned. It is submitted that while making computation of compensation, learned tribunal has awarded excessive amount under various heads and they needs to be suitably modified.
4. Learned counsel for insurance company/appellant has placed reliance on the judgment of Hon'ble Supreme Court in case of Ibrahim vs. Raju and Others; (2011) 10 SCC 634, submits that in absence of concrete evidence about anticipated expenditure, ends of justice will be met if claimant is awarded a sum of Rs. 2,00,000/- (two lakhs rupees). It is further submitted that heads under which compensation is to be awarded in personal injury cases are the following:-
"Pecuniary damages (Special damages)
(i) Expenses relating to treatment, hospitalisation, medicines, transportation, nourishing food, and miscellaneous expenditure.
(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising:
(a) Loss of earning during the period of treatment;
(b) Loss of future earnings on account of permanent disability.
(iii) Future medical expenses.
Non-pecuniary damages (General damages)
(iv) Damages for pain, suffering and trauma as a consequence of the injuries.
(v) Loss of amenities (and/or loss of prospects of marriage).
(vi) Loss of expectation of life (shortening of normal longevity).
In routine personal injury cases, compensation will be awarded only under heads (i), (ii)(a) and (iv). It is only in serious cases of injury, where there is specific medical evidence corroborating the evidence of the claimant, that compensation will be granted under any of the heads (ii)(b), (iii), (v) and (vi) relating to loss of future earnings on account of permanent disability, future medical expenses, loss of amenities (and/or loss of prospects of marriage) and loss of expectation of life."
5. On the other hand, learned counsel for the claimants places reliance on the judgment of Hon'ble Supreme Court in case of Kajal vs. Jagdish Chand; 2020 (1) TAC 705 (SC), to submit that a sum of Rs. 3,00,000/- (three lakhs rupees) awarded under the head of loss of marriage prospects was not interfered by the Hon'ble Supreme Court. It is submitted that compensation under various heads, as has been awarded in case of Kajal (supra) will meet the ends of justice.
6. After hearing learned counsel for the parties and going through the award, it is evident that as per the law laid down in Raj Kumar vs. Ajay Kumar, (2011) 1 SCC 343, Hon'ble Supreme Court has enumerated the principles with illustrations in regard to determination of loss of future earnings of the injured with reference to extent of his permanent disability. In para-6 of the judgment, it has been held that "Disability refers to any restriction or lack of ability to perform an activity in the manner considered normal for a human-being. Permanent disability refers to the residuary incapacity or loss of use of some part of the body, found existing at the end of the period of treatment and recuperation,after achieving the maximum bodily improvement."
7. Thus, this Court is of the opinion that taking into consideration nature of the injuries i.e., amputation of left leg and also of fact that claimant was a student of B.Tech, it will be proper to award a sum of Rs. 2,00,000/- (two lakhs rupees) under the head of future treatment in place of Rs. 5,00,000/- (five lakhs rupees) awarded by learned claims tribunal. Tribunal has awarded a sum of Rs. 11,00,000/- (eleven lakhs rupees) i.e., Rs. 2,50,000/- (two lakhs fifty thousand rupees) under the head of loss of amenities, Rs. 2,00,000/- (two lakhs rupees) under the head of disfiguration, Rs. 5,00,000/- (five lakhs rupees) under the head of loss of marriage prospects and Rs. 1,50,000/- (one lakh fifty thousand rupees) under the head of loss of earning, inconvenience, hardships, disappointment, frustration, mental stress, dejectment and unhappiness in future life etc. When this Court takes guidance from Supreme Court in case of Ibrahim (supra), then it is apparent that loss of pain, suffering and trauma as a consequences of the injuries and loss of amenities or loss of prospects of marriage are permissible heads, therefore, under these permissible heads, a total sum of Rs. 5,50,000/- (five lakhs fifty thousand rupees) i.e., Rs. 3,00,000/- (three lakhs rupees) for loss of marriage prospects and Rs. 2,50,000/- (two lakhs fifty thousand rupees) for loss of amenities of life and will take care of the amount of compensation awarded under various heads inasmuch as Hon'ble Supreme Court in case of Kajal (supra) awarded only a sum of Rs. 3,00,000/- (three lakhs rupees) under the head of loss of marriage prospects.
8. Thus, award is substituted as under: Rs. 10,11,280/- (ten lakhs eleven thousand two hundred eighty rupees) under the head of medical expenditure on treatment + Rs. 50,000/- (fifty thousand rupees) under the head of expenditure on conveyance + Rs. 50,000/- (fifty thousand rupees) under the head of expenditure on special diet + Rs. 50,000/- (fifty thousand rupees) under the head of cost of nursing/attendant + Rs. 20,000/- (twenty thousand rupees) under the head of loss of income during treatment + Rs. 5,50,000/- (five lakhs fifty thousand rupees) under the head of pain, suffering, loss of amenities + Rs. 3,00,000/- (three lakhs rupees) under the head of loss of marriage prospects + Rs. 2,00,000/- (two lakhs rupees) under the head of future medical treatment + Rs. 18,14,400/- (eighteen lakhs fourteen thousand four hundred rupees), taking total compensation to Rs. 40,45,680/- (forty lakhs forty five thousand six hundred eighty rupees) against Rs. 47,95,680/- (forty seven lakhs ninety five thousand six hundred eighty rupees) awarded by learned claims tribunal. Thus, there will be a reduction to the tune of Rs. 7,50,000/- (seven lakhs fifty thousand rupees) in the amount awarded by learned tribunal. Other terms and conditions of the award shall remain intact.
9. To this extent appeal is allowed and is disposed off.
Order Date :- 19.2.2021 Vikram/-A