Case: S. KUMAR(DEAD) Vs. UNITED INDIA INSURANCE CO. LTD.

4 examined him and gave disability certificate for 50% for the damage caused to his scrotum. There is also no acceptable proof that because of this accident, his marital life was affected. For the foregoing discussions, we are quite unable to accept that the claimant has sustained 95% disability. There is no proof with regard to permanent disability caused to the claimant and he was deprived of his attending even to his normal work. Of course, he has sustained fracture on his thigh and other injuries...?8. The High Court also reduced the rate of interest as awarded by the Tribunal @ 15% p.a. and found it appropriate to award interest @ 9% p.a. with reference to the decision of this Court in the case of Smt. Kaushnuma Begum v. New India Assurance Co. Ltd. and Ors. : 2001 (2) SCC 9. 9. Seeking to assail the judgment of the High Court whereby, the amount of compensation awarded by the Tribunal has been reduced substantially, learned counsel for the appellant has strenuously argued that the High Court has committed a serious error in reducing the quantum of compensation by disbelieving the testimony of doctors who had thoroughly examined and treated the appellant. Learned counsel would argue that despite there being clear proof of multiple injuries suffered by the appellant and his long drawn treatment, the High Court has gone too restrictive in not awarding any amount towards medicines and in reducing drastically the amount of compensation towards disablement, loss of earning capacity and pain and sufferings. On the other hand, learned counsel for the contesting respondent has duly supported the judgment of the High Court.10. Having heard learned counsel for the parties and having examined the record, we are satisfied that the High Court has made downward revision of the quantum of compensation awarded by the Tribunal for cogent and convincing reasons; and in the ultimate analysis, the amount awarded by the High Court cannot be said to be too low or grossly inadequate so as to call for interference by this Court.11. On a bare look at the award of the Tribunal, it is but apparent that the Tribunal merely summed up the alleged 45% permanent partial disablement of the appellant, as initially certified by PW-1 (who had examined him immediately after the accident) with 50% permanent partial disablement of the appellant, as later on certified by PW-4 (who had allegedly examined him 2½ years after the accident) and, in this manner, assessed the disablement to the extent of 95%. The approach of the Tribunal had been suffering from obvious errors and infirmity inasmuch as there was neither any basis nor any reason to sum up the percentage of disablement stated by the two doctors and to take it to be a case of 95% permanent partial disablement. Moreover, the Tribunal had totally failed to consider that the suggestions about injury to the skull as also injury to the scrotum were falsified by the testimony of the doctor PW-1, who had found the only injury being that of fracture of left thigh bone. The said doctor PW-1 specifically stated that the claimant did not tell him about any other injury except the one on the left hip; and that the claimant did not sustain any injury on his head. It appears from the testimony of the claimant-appellant that he allegedly took treatment as regards scrotum in the months of November-December 1992, but there is no evidence on record to co-relate any such ailment or deformity concerning scrotum with the accident in question. Therefore, in our view, the High Court has been justified in rejecting the case of 95% permanent partial disablement and the suggestions about the injuries other than that on the left thigh bone of the appellant.12. Moreover, a relevant feature of this case gets noticed per force and in view of indisputable facts available on record. The claimant-appellant overtly suggested in the claim application that he had suffered injuries to his private parts and at the age of 25 years, such injuries resulted in his inability to have the bliss of marital life. The appellant has, unfortunately, expired during the pendency of this appeal and his legal representatives, being his wife, mother and three children are substituted as appellants in his place. The very extent of the family left behind by the appellant, inclusive of his wife and three children, obviously falsify his suggestions about inability of having marital life. We do not wish to elaborate further on this aspect of the matter; suffice it to observe for the present purpose that the case of excessive injuries and disablement, as projected by the claimant-appellant with reference to the testimony of PW-4 was bound to be, and has rightly been, rejected by the High Court.13. Coming to the question of just compensation, though it is noticed that the High Court has substantially reduced the amount of compensation awarded by the Tribunal but then, such a reduction was the natural consequence of rejection of the case of 95% disablement. The High Court has, otherwise, examined the entire evidence on record and, in the ultimate analysis, the amount awarded by the High Court at Rs. 2,11,060/- cannot be said to be too low or grossly inadequate on the facts and in the circumstances of this case. In this view of the matter, some restriction by the High Court towards loss of earning or disallowance of expenses of medicines, do not make out a case for interference because, as observed, the ultimate award amount is not grossly inadequate in the given set of facts and circumstances. As regards interest, the Tribunal had been rather generous in awarding the same at an exorbitant rate of 15% p.a. that was liable to be reduced. In fact, the High Court has yet allowed a comparatively higher rate of interest at 9% p.a. We find absolutely no reason to consider any upward revision in the amount of compensation awarded in this case by the High Court.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]10. Having heard learned counsel for the parties and having examined the record, we are satisfied that the High Court has made downward revision of the quantum of compensation awarded by the Tribunal for cogent and convincing reasons; and in the ultimate analysis, the amount awarded by the High Court cannot be said to be too low or grossly inadequate so as to call for interference by this Court.On a bare look at the award of the Tribunal, it is but apparent that the Tribunal merely summed up the alleged 45% permanent partial disablement of the appellant, as initially certified by PW-1 (who had examined him immediately after the accident) with 50% permanent partial disablement of the appellant, as later on certified by PW-4 (who had allegedly examined him 2½ years after the accident) and, in this manner, assessed the disablement to the extent of 95%. The approach of the Tribunal had been suffering from obvious errors and infirmity inasmuch as there was neither any basis nor any reason to sum up the percentage of disablement stated by the two doctors and to take it to be a case of 95% permanent partial disablement. Moreover, the Tribunal had totally failed to consider that the suggestions about injury to the skull as also injury to the scrotum were falsified by the testimony of the doctor PW-1, who had found the only injury being that of fracture of left thigh bone. The said doctor PW-1 specifically stated that the claimant did not tell him about any other injury except the one on the left hip; and that the claimant did not sustain any injury on his head. It appears from the testimony of the claimant-appellant that he allegedly took treatment as regards scrotum in the months of November-December 1992, but there is no evidence on record to co-relate any such ailment or deformity concerning scrotum with the accident in question. Therefore, in our view, the High Court has been justified in rejecting the case of 95% permanent partial disablement and the suggestions about the injuries other than that on the left thigh bone of the appellant.Moreover, a relevant feature of this case gets noticed per force and in view of indisputable facts available on record. The claimant-appellant overtly suggested in the claim application that he had suffered injuries to his private parts and at the age of 25 years, such injuries resulted in his inability to have the bliss of marital life. The appellant has, unfortunately, expired during the pendency of this appeal and his legal representatives, being his wife, mother and three children are substituted as appellants in his place. The very extent of the family left behind by the appellant, inclusive of his wife and three children, obviously falsify his suggestions about inability of having marital life. We do not wish to elaborate further on this aspect of the matter; suffice it to observe for the present purpose that the case of excessive injuries and disablement, as projected by the claimant-appellant with reference to the testimony of PW-4 was bound to be, and has rightly been, rejected by the High Court.Coming to the question of just compensation, though it is noticed that the High Court has substantially reduced the amount of compensation awarded by the Tribunal but then, such a reduction was the natural consequence of rejection of the case of 95% disablement. The High Court has, otherwise, examined the entire evidence on record and, in the ultimate analysis, the amount awarded by the High Court at Rs. 2,11,060/- cannot be said to be too low or grossly inadequate on the facts and in the circumstances of this case. In this view of the matter, some restriction by the High Court towards loss of earning or disallowance of expenses of medicines, do not make out a case for interference because, as observed, the ultimate award amount is not grossly inadequate in the given set of facts and circumstances. As regards interest, the Tribunal had been rather generous in awarding the same at an exorbitant rate of 15% p.a. that was liable to be reduced. In fact, the High Court has yet allowed a comparatively higher rate of interest at 9% p.a. We find absolutely no reason to consider any upward revision in the amount of compensation awarded in this case by the High Court.