Ashok Vs. United
India Insurance Co., Ltd. & ANR [2008] INSC 1221 (25 July 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO. 4704 OF 2008 [Arising out of SLP(C) No.10326 of
2007] ASHOK .......APPELLANT(S) Versus
ORDER
Leave granted.
1.
Heard
both sides.
2.
The
appellant sustained fractures of the right humerus in a motor accident. It
required hospitalization, surgery and insertion of a rod. There was a resultant
limited flexion disability at elbow and shoulder. The Tribunal awarded Rs.43,470/-
as compensation (with interest at 6% P.A.) made up of Rs.15,000/- towards pain
& agony, Rs.12,870/- for medical expenses, Rs.1600/- for loss of income
during the period of treatment, Rs.2000/- for future medical expenses,
Rs.10,000/- for loss of amenities and earning capacity and Rs.2,000/- for
special diet & nourishment.
3.
On
appeal by the appellant, the High Court increased the compensation under the
head of loss of amenities and future loss of earning capacity by Rs.20,000/-.
Thus, the total compensation stood increased to Rs.63,470/-.
4.
Appellant
is not satisfied with the increase. According to him, he was working as a
driver before the accident and on account of the accident and resultant
disability he could not drive. He, therefore, contends that the compensation
should have been awarded by calculating the loss of future earnings with
reference to loss of income as a driver.
5.
Learned
counsel for the Insurance Company rightly pointed out that no evidence has been
placed that he held a driving licence and no medical evidence was placed to
show that there was any permanent disability as a result of which the appellant
could not drive. In the circumstances, it may not be possible to consider this
as a case of permanent economic disability as a result of the injuries.
6.
However,
we find that that compensation awarded under three heads requires to be
revised. The sum awarded under the head of 3 pain and sufferings is very low.
On the evidence showing fracture of right arm necessitating surgery, insertion
of rod and hospitalization, as also probable subsequent surgery for removal of
the rod, we are of the view that Rs.35,000/- ought to have been awarded for
pain & sufferings instead of Rs.15,000/-. The awards under the heads of
future medical expenses and loss of future earning capacity should be increased
by Rs.10,000/- each. Thus, the compensation is increased by Rs.40,000/-. Total
compensation will therefore be Rs.1,03,470/-.
7.
Appeal
is allowed in part. The increased compensation of Rs.40,000/- with interest @
6% p.a. from the date of filing of the petition till the date of deposit, shall
be deposited by the respondents within two months.
...........................J.
( R.V. RAVEENDRAN )
New
Delhi; ...........................J.
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