Sanjay Kumar vs Ashok Kumar & Anr

3. The brief facts of the case are given hereunder:

4. The Tribunal held that the accident took place due to the rash and negligent driving of the offending vehicle as a result of which the appellant sustained injuries and awarded pecuniary as well as non- pecuniary damages. The compensation was calculated by assigning minimum wages at [pic]3166/- per month, of which loss of earning capacity was calculated at 70% which comes to [pic]2216/- per month, i.e. [pic]26,592/- per annum. Multiplier of 16 was taken. A lump sum compensation of [pic]8000/- was given to the appellant under the head of ‘medical expenses’. Hence, the total pecuniary compensation given was [pic]4,33,472/-. A sum of [pic]50,000/- was given as non-pecuniary damages on account of mental pain and agony and loss of future enjoyment of life suffered by him. Thus, a total compensation of [pic]4,83,472/- was awarded to the appellant with interest @ 7% per annum from the date of filing of the petition till the date of realization. Both the respondents were held to be jointly and severally liable to pay the compensation but respondent No.2 being the insurer was held to have the primary obligation to pay compensation on behalf of the insured and was directed to deposit the award amount within one month from the date of the order.

5. Aggrieved by the order of the Tribunal, the appellant filed an appeal in the High Court asking for enhancement of the compensation on the ground that the Tribunal ought to have awarded enhanced compensation on the basis of evidence adduced. The contentions of the appellant will be taken up in detail at a later stage. The High Court enhanced the compensation to [pic]6,35,808/- by awarding [pic]5,42,808/- under the head ‘loss of future earning capacity’ by taking a multiplier of 18. Further, [pic]25,000/- as conveyance charges and [pic]10,000/- as Attendant charges were also awarded. The compensation of [pic] 50,000/- awarded under the head ‘Mental pain and agony’ and [pic]8,000/- for medical bills as awarded by the Tribunal was maintained as it is. Therefore, the High Court awarded a sum of [pic]1,52,336/- over and above the compensation awarded by the Tribunal at the same rate of interest i.e. 7% per annum and the respondent No.2 was directed to pay this enhanced amount with interest in favour of the appellant within four weeks from the date of receipt of copy of the order.

13. Further, it is necessary to award an amount under the head of ‘loss of amenities’ also as the appellant will definitely deal with loss of future amenities as he has lost a leg due to the accident. The injury has permanently disabled the appellant, thereby reducing his enjoyment of life and the full pursuit of all the activities he engaged in prior to the accident. We thereby award a sum of [pic]1,00,000/- towards ‘loss of amenities’. Along with the compensation under conventional heads, the appellant is also entitled to costs of litigation as per the legal principle laid down in the case of Dr. Balram Prasad v. Dr. Kunal Saha & Ors.[5] Therefore, under this head, we find it just and proper to award [pic]25,000/- towards costs of litigation.

14. Thus, the total compensation, the appellant is entitled to is given hereunder:

15. Further, as per the case of Municipal Corporation of Delhi v. Uphaar Tragedy Victims Association & Ors.[6], we find it just and proper to increase the interest awarded from 7% to 9% per annum. Hence, the total compensation the appellant is entitled to is [pic]14,59,100/- along with 9% interest per annum from the date of the accident till the date of realization.

16. The Insurance Company is directed to deposit 50% of the awarded amount with proportionate interest within four weeks from the date of receipt of a copy of this order, after deducting the amount if already paid, in any of the Nationalized Bank of the choice of the appellant for a period of 3 years. During the said period, if he wants to withdraw a portion or entire deposited amount for his personal or any other expenses, including development of his asset, then he is at liberty to file application before the Tribunal for release of the deposited amount, which may be considered by it and pass appropriate order in this regard.

The rest of 50% amount awarded with proportionate interest shall be paid to the appellant/claimant by way of a demand draft within four weeks. The Insurance Company is further directed to submit compliance report before this court within six weeks.

17. The appeal is accordingly allowed. No costs.