MANAGER LEGAL ICICI LOMBARD GENERAL INSURANCE CO LTD ; ROSHINI H NAGPAL Vs. ROSHINI H NAGPAL; A JANYPASHA

JUDGEMENT

(1.) The claimant-Smt.Roshini Nagpal, aged about 35 years suffered amputation of her left leg above knee, in the accident that occurred on 3.7.2008. Immediately after the accident, the claimant was shifted to Wockardt Hospital, wherein she was treated as an inpatient from 3.7.2008 to 6.8.2008. During treatment, she underwent surgeries. She underwent operations on 3.7.2008, 4.7.2008, 5.7.2008, 5.8.2008 and on 7.7.2008 imputation of her left leg was done. Once again, she was admitted to Sita Bhateja Hospital on 11.8.2008 and discharged on 13.8.2008. She has taken physiotherapy treatment in Wockardt Hospital. Subsequently, she admitted to Sita Bhateja Hospital on 19.8.2008 to 20.8.2008, wherein she underwent operation and wound debridement was done. Once again, she was admitted to Wockardt Hospital from 25.8.2008 to 31.8.2008 and underwent operation and wound debridement was done. Thereafter, she was again admitted to Wockardt Hospital on 6.9.2008, 11.11.2008, 18.12.2008. She was admitted to St.John s Hospital for a day. The doctor has opined that the claimant has suffered 85% of disability to the lower limb and 47.5% to the whole body. The Tribunal has awarded total compensation of Rs.41,63,800/-.

(2.) Since the claimant has suffered amputation of left leg and has undergone number of operations in different hospitals, she must have suffered lot of pain and agony. She was inpatient for more than about two months. She will have to be without her left leg throughout her life. She was just aged 35 years at the time of accident. She being the businessman having small shop at Jayanagar has to face such situation all through her life. Thus, the claimant shall be awarded Rs.2,00,000/- under the head of pain and suffering and Rs.2,00,000/- under the head of loss of future amenities .

(3.) The Tribunal has awarded Rs.20,70,200/- towards medical expenses and other incidental charges. Learned advocates on both sides on verifying the records maintained by the Tribunal admit that an amount of Rs.3,50,200/- needs to be deducted out of the compensation awarded by the Tribunal below towards medical expenses, inasmuch as the medical bills for Rs.3,50,200/- are produced in duplicate. Thus, an amount of Rs.3,50,200/- needs to be deducted. Consequently, Rs.17,20,000/- shall be awarded under the head of medical expenses . 4. Ex.P26 and P31 reveal that the total income from the business of the firm of the claimant for the year 2006-07 was Rs.3,06,630/- and Rs.3,46,650/- for the 2007-08. In that context, Sri Krishnaswamy, learned advocate appearing for the Insurance Company argues that there is no loss of future income suffered by the claimant and therefore, she may not be entitled to any compensation under the head of loss of future income .