ORIENTAL INSURANCE CO. LTD Vs. RAKESH KUMAR

JUDGEMENT

(1.) The amount of compensation in an injury case can be higher than what is payable to the heirs in case where accident proves to be fatal. Judicial precedents do recognise this fact. The facts which are not in dispute are: (i) that the accident did take place; (ii) that the claimant suffered 100 percent disability. It is a case of paraplegia with fracture DV 12; (iii) that the claimant was 39 years of age at the time of accident; (iv) that monthly salary of the petitioner was Rs. 8,062.

(2.) ON the basis of the aforementioned factors and after hearing the Counsel for the parties, the Tribunal allowed compensation to the extent of Rs. 16,45,453. This is under the following heads: (i) For treatment expenses Rs. 1,00,000(ii) For loss of earnings Rs. 2,53,953(iii) For loss of future earnings Rs. 7,09,500(iv) For future expenseson attendants Rs. 1,32,000(v) For future medical and incidentalexpenses Rs. 50,000(vi) For pain and suffering Rs. 2,00,000(vii) For loss of amenities of life Rs. 2,00,000 - -

(3.) IT is settled law that pensionary benefits cannot be deducted from the amount of compensation which is allowed by a Tribunal under Motor Vehicles Act. In Grand Trunk Railway Company of Canada v. Jennings (1888) 13 AC 800, their Lordships of the Privy Council considering the provision of Lord Campbell's Act (Fatal Accidents Act, 1846) made the following observations: Where the widow of deceased is the plaintiff and her husband had made provision for her by a policy on his own life in her favour, the amount of such policy is not to be deducted from the amount of damages previously assessed irrespective of such consideration. She is benefited only by the accelerated receipt of the amount of the policy. In Sushila Devi v. Ibrahim 1974 ACJ 150 (MP), same view was expressed. What is stated is being quoted below: To sum up, in a claim for damages for death under Section 110 -B of the Motor Vehicles Act, 1939, as it now stands, sums payable on death under any contract of social assurance or insurance are to be disregarded.