NEW INDIA ASSURANCE CO LTD Vs. AKSHAY SHARMA

JUDGEMENT

(1.) By present appeal the insurance company has assailed the quantum of compensation awarded by the Tribunal vide award dated 22nd September, 2008 to the injured on the ground that the Tribunal wrongly considered the disability of the injured as 22% since this disability was only in respect to the left lower limb of the injured. The other ground put forth is that the Tribunal wrongly took into account the minimum wages as a factor for calculating the compensation despite the fact, that the injured was a ten year old child and was studying in class fourth.

(2.) Brief facts relevant for deciding this appeal are that on 27th May, 2004 at about 2 p.m. Mr. Akshay Sharma, a boy studying in class fourth, was hit by vehicle bearing registration no. DL 1LA 2784 being driven in negligent manner. The boy suffered multiple fractures initially and was treated at Satyam Hospital, Rohini, Delhi from 27th May, 2004 to 11th June, 2004. In view of the seriousness of the accident, skin drafting had also to be done. After his discharge from the hospital on 11 th June, 2004, he continued to remain as an outdoor patient. The Tribunal directed for assessing the disability of the child in view of the nature of injuries sustained by the child and the hospital assessed the disability at 22%.

(3.) While assessing the damages, the Tribunal considered that the child was around eleven years of age at the time of the accident and after about eight years he would be capable of being employed, at least as a skilled worker and the minimum wages at the time of his employment should be about Rs.6,622/- and applying the multiplier of 17 and disability of 22%, the future loss of income of the injured was calculated as Rs. 2,97,195/-. The other damages awarded by the Tribunal were Rs.32,000/- on the basis of actual medical expenses, (Bills of Rs.32,007.31 were proved), attendant charges of Rs.19,700/-, Rs.50,000/- for pain and sufferings, Rs20,000/- towards special diet and conveyance and Rs.25,000/- towards loss of amenities of life. Thus, the total compensation of Rs.4,44,000/- was awarded.