SBCMA No.1708/07 The Oriental Insurance Co Ltd Vs. Nizamuddin & Ors. -{1}- SBCMA No.1708/07 The Oriental Insurance Co Ltd Vs. Nizamuddin & Ors. DATE OF ORDER : - 15.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Jagdish Vyas, for the appellant. Mr.TRS Sodha, for the the respondents. <><><> Heard learned counsel for the parties. The appellant Insurance Company is aggrieved against the award dated 27.2.2007 by which the Motor Accident Claims Tribunal, Bhilwara in claim case no.761/2004 awarded total compensation of Rs.2,86,800/- to the respondents-claimants victim, who suffered injuries in the accident occurred on 1.2.2002. So far as finding of the tribunal about rash and negligent driving of the vehicle bus no.RRI 2469 by the driver Shyam Lal is not in dispute. The owner of the vehicle SBCMA No.1708/07 The Oriental Insurance Co Ltd Vs. Nizamuddin & Ors. -{2}- was respondent Bhagwailal. The vehicle was insured with the appellant Insurance Company. The claimant produced the medical certificate and injury report and also produced witnesses Dr. Kailash Bhandari as AW-2 and Dr. Sayed Abdul Mazid as AW-4 to prove his injuries and consequences of his injuries. Doctor certified that respondent-claimant suffered 10% permanent disability. The Motor Accident Claims Tribunal assessed the income of the victim as Rs.1500/- but reduced it to Rs.1,000/- per month and applied the multiplier of 16 and awarded compensation of Rs.1,92,000/- , which is normally done for granting compensation in a case of death in accident. Instead of reducing the amount to 10% of total loss of earning as per disablement of the victim, amount of Rs.1,92,000/- has been awarded to the claimant. The appellant's contention is that it appears that it was either error of law in awarding compensation or it may also be a case of wrong calculation only because of mistake. According to learned counsel for the appellant in addition to the amount of Rs.1,92,000/- additional amount SBCMA No.1708/07 The Oriental Insurance Co Ltd Vs. Nizamuddin & Ors. -{3}- of Rs.20,000/- on the ground of permanent disablement as well as Rs.30,000/- for future treatment also have been awarded in addition to the other compensations. According to learned counsel for the appellant amount is liable to be reduced to 10% of Rs.1,92,000/- even if the other amount is not touched. Learned counsel for the respondent claimant vehemently submitted that the disability may be 10% but the gravity of injury can be assessed from the evidence of claimant's witnesses AW-2 Dr. Kailash Bhandar and AW-4 Dr. Sayed Abdul Mazid who have clearly opined that because of the accident the claimant will not be able to pass urine for life and the claimant will not recover in natural way. It is also submitted that troma will continue for life to the claimant, therefore, if tribunal has awarded compensation of Rs.1,92,000/- on account of his grave injury to claimant then the tribunal has not committed any error. It is also submitted that the doctor clearly stated that the difficulty of the claimant can be cured only by major operation and not by ordinary operation. Therefore, the SBCMA No.1708/07 The Oriental Insurance Co Ltd Vs. Nizamuddin & Ors. -{4}- compensation awarded to the claimant for future treatment of Rs.30,000/- is too low. I considered the submissions of learned counsel for the parties and perused the record. As stated above, there is no dispute about accident as well as ownership of the vehicle and the coverage of the risk of the victim by the appellant Insurance Company. The only question is that whether the tribunal could have granted the total loss of income amounting to compensation of Rs.1,92,000/- to a person who suffered injury only. The tribunal has calculated the income of victim and applied multiplier of 16, which is normal procedure for assessing the compensation in a case when person dies in the accident. Here in this case, the claimant suffered injury of disablement of 10% only. It may be true that for future treatment, the compensation can be awarded as second claim petition on account of the subsequent treatment may not be maintainable and the tribunal should grant the relief taking into account all other factors, which includes future treatment expenses to avoid unnecessary litigation and SBCMA No.1708/07 The Oriental Insurance Co Ltd Vs. Nizamuddin & Ors. -{5}- multiplicity of litigations, but so far as award of compensation on account of disability is concerned, that cannot be enhanced. The tribunal is required to assess the compensation under separate heads to avoid confusion. The compensation for future treatment can be according to the need, but the compensation awarded by the tribunal of whole amount of loss of income cannot be sustained and deserves to be reduced to the extent of disability. The tribunal assessed the income of victim at the rate of Rs.1,500/- per month but without there being any reason the tribunal's reduced the income of the claimant to Rs.1,000/- per month appears to be self-contradictory also. The claimant's monthly income has been assessed Rs.1500/- per month. Therefore, the income of the claimant assessed by the tribunal as Rs.1500/- is accepted and taking into account Rs.1500/- per month income of the claimant it is multiplied by 12 and applying multiplier of 16, the total amount comes to Rs.2,88,000/- and 10% of the it comes to be Rs.28,800/-. This is the reasonable compensation for the claimant on this count in place of SBCMA No.1708/07 The Oriental Insurance Co Ltd Vs. Nizamuddin & Ors. -{6}- Rs.1,92,000/-. Learned counsel for the appellant submitted that the tribunal has committed error of law in awarding Rs.20,000/- on account of permanent disability. I do not find that the tribunal has committed any error in doing so because of the reason that compensation awarded in the facts of this case of Rs.20,000/- can be said to be an amount of compensation for such pain been suffered by the claimant and therefore, this Court is not inclined to reduce this amount. The compensation awarded for future treatment to the victim of Rs.30,000/- appears to be low in view of the direct medical evidence as the doctors have clearly opined that for treatment of the victim major operation is required. In view of the above reason, the compensation for future treatment of the claimant is enhanced from Rs.30,000/- to Rs.75,000/-. Therefore, the appeal of the appellant is partly allowed. The compensation on account of loss of income to him is reduced from 1,92,000/- to Rs.28,800/- and amount SBCMA No.1708/07 The Oriental Insurance Co Ltd Vs. Nizamuddin & Ors. -{7}- of Rs.30,000/- for further treatment is enhanced to Rs.75,000/-. The rest of the award is maintained. The claimant shall be entitled for interest as awarded by the tribunal over the enhanced amount from the date from which the tribunal has awarded the interest. (PRAKASH TATIA), J. c.p.goyal/-