NEW INDIA ASSURANCE CO. LTD. Vs. MANOJ KUMAR

JUDGEMENT

(1.) The parties have challenged the award of the Claims Tribunal whereby compensation of Rs. 17,59,148/- has been awarded to Manoj Kumar. The appellant in MAC.APP.441/2015 is seeking reduction whereas the appellant in MAC.APP.660/2016 is seeking enhancement of the award amount.

(2.) On 18th April, 2013 at about 6:50 PM, Manoj Kumar was hit by Maruti Car bearing DL-3C-BS-6867 at Raja Garden Chowk, Ring Road, Delhi which resulted in grievous injuries. Manoj Kumar suffered type III open fracture of both bones of left leg ?th with massive commination, commuted fracture bimalleolar left ankle with type III SH physeal injury left distal femur with hypodermic shock with avulsion of extensor tendon. Manoj Kumar underwent three surgeries, first surgery on 19th April, 2013 in Maharaja Agrasen Hospital where he remained admitted from 19th April, 2013 to 25th April, 2013; second surgery at Safdarjung Hospital on 14th June, 2013 where he remained admitted from 13th June, 2013 to 24th June, 2013; and third surgery at District Hospital, Basti on 16th June, 2014 where he remained admitted from 11th June, 2014 to 4th July, 2014. The left leg of Manoj Kumar has been amputated below knee level and his permanent disability has been assessed by the Medical Board as 70% in respect of his left lower limb.

(3.) The Claims Tribunal took the loss of earning capacity of Manoj Kumar as 50% and awarded Rs. 12,28,032/- towards loss of earning capacity by taking 50% of minimum wages of Rs. 8,528/- per month, adding Rs. 2,132/- towards future prospects and applying the multiplier of 16. The Claims Tribunal awarded Rs. 2,04,672/- towards loss of income during treatment. The Claims Tribunal awarded Rs. 1,50,000/- towards pain and suffering, Rs. 50,000/- towards conveyance, attendant charges and special diet. Rs. 1,26,444/- has been awarded towards medical expenses. The total compensation awarded is Rs. 17,59,148/- along with interest @ 8% per annum from the date of petition i.e. 21st October, 2013.