NATIONAL INSURANCE CO. LTD Vs. MOHAN LAL

JUDGEMENT

(1.) This is an appeal by the National Insurance Company Limited against the award dated 28th February, 2018 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as "the Tribunal"?) in claim file No.483/C, whereby respondent No.1-injured has been held entitled to compensation to the tune of Rs.17,36,911/- along with interest @ 6.75% per annum except on compensation of Rs.2,00,000/- granted on account of future medical expenses. The Insurance Company has been directed to indemnify the owner and make payment to respondent No.1.

(2.) The award impugned has been assailed by the insurer primarily on the ground that the injured-respondent No.1 was a permanent government employee working as Store Keeper/Senior Assistant in CAPD department and, therefore, the permanent disability to the extent of 70% suffered by respondent No.1 does not, in any way, affect his income and, therefore, the Tribunal was not correct in awarding a sum of Rs.6,83,100/- on account of loss of income. The amounts awarded in favour of respondent No.1 under other heads too have been disputed on the ground that there is no specific evidence on record to award future medical expenses to the tune of Rs.2,00,000/-, transportation expenses and care taker to the tune of Rs.86,000/-, diet expenses @ Rs.25,000/- etc. The amounts awarded under the heads damages for pain and suffering, loss of amenities of life too have been disputed on the ground that the same are exorbitant and disproportionate to the nature of injuries suffered by respondent No.1.

(3.) Having heard learned counsel for the parties and perused the record, I am of the view that the award passed by the Tribunal deserves slight modification. I am not in agreement with the learned counsel for the appellant that the Tribunal has committed error in awarding expenses on account of medicines, treatment and hospitalization, there is ample evidence brought on record by respondent No.1 to show that because of the accident he was afflicted with the injuries in his right lower limb and was permanently disabled to the extent of 70%. It may be pertinent to note that in the instant case not only respondent No.1 has been permanently disabled to the extent of 70% but his right lower limb, too, has got amputated. The respondent No.1 has suffered huge pain and suffering on account of the accident. He remained hospitalized for a period of 17 days in Amandeep Hospital, Amritsar and is now on artificial limb. Taking into consideration all these aspects, the Tribunal awarded following compensation in favour of respondent No1:-