No 122 of 2013 was filed by the other appellant Alimiya who claimed compensation of Rs. No 122 of 2013 (Claimant: Tausif Alimiya): 1 Rs. 10,000-00 For pain, shock & suffering 2 5 Rs. 3,00,000-00 Amount awarded for future medical expenses is to be deducted from counting interest on total amount of Rs.
Also Read: https://newslaw.in/case-type/criminal/withdrawal-of-complaint-case-analysis-by-the-court/
The High Court partly allowed both the appeals and enhanced the 3 compensation adding future prospects by 50% and also enhancing the income per month from Rs. 4,275/- x 12 = 51,300/- x 18 (multiplier) = Rs. 9,23,400/- (Future Loss of income)
Future Loss of income Rs. 14,48,853/-
4
First Appeal
No 3234 of 2021, the appellant Sokat therein would be entitled to compensation as under- Rs. 3,150/- X 12= Rs 37,800/- x 18 (multiplier) = Rs.
10,000/- per month for Alimiya and Rs. 6,500/- per month for Sokat; ii) future prospects of Rs. 10 lacs should be awarded to Sokat; iii) future medical expenses should be enhanced to Rs. 10 lacs whereas Sokat may be awarded Rs. 5 lacs; viii) Alimiya maybe awarded attendant charges of Rs. No claim for Sokat on account of Attendant charges has been made; ix) for special diet and nourishment, both the appellants may be awarded Rs. In respect of the claims made by the appellants, it has been submitted by the learned counsel that the monthly income of Rs. Shah for the opponent No 3 has raised an objection regarding the percentage of disability and submitted that the detailed cross examination has been made by him for the insurance company of the doctors who have issued the disability certificate to the claimant Tausif and claimant Taufik. Whereas, the claimant Tausif who is suffering from paraplegia and he sustained the injury of fracture of spinal cord of D- 10 & D-11 tibia Fibula and dislocation of Telus, he is unable to live his life as a common man and is 10 completely in such a bad condition that even he cannot pass urination and stools at his own and has also lost control over the essential parts of the body, therefore, I have no hesitation to believe that the Tausif is having the permanent disability of 95% body as a whole therefore, I am not is agreement with the arguments advanced by the learned Advocate Mr.
3,00,000/- towards future medical expenses for the appellant Alimiya.
However, no such future medical expenses have been awarded to the other appellant Sokat. The High Court had also awarded 50 per cent addition under the head ‘future prospects’ and therefore, any claim in respect of the same cannot be entertained. Considering the medical condition of appellant Alimiya who had suffered 95% disability and appellant Sokat who suffered 70% disability would require extra use of transportation even for going to short distances. 25,000/- to the 14 appellants Alimiya and Sokat, respectively as transportation charges. Under the head ‘loss of marriage prospects’, no compensation has been awarded. Under the head ‘loss of marriage prospects’, no compensation has been awarded. Appellant Alimiya, because of his medical condition, cannot even stand or walk on his own and would therefore, require an attendant all his life. Both the appellants, considering their medical conditions, would be requiring special diet supplements which may be assessed at Rs. Heads Amount 1 Future Medical Expenses (including physiotherapy) Rs.
Also Read: https://newslaw.in/case-type/civil/enhancement-of-maintenance-amount-a-legal-analysis/
Transportation charges Rs.50,000/- (-10,000/-) = Rs. Special diet and nourishment charges Rs.1,00,000/- 25. 1,75,000/- Loss of marriage prospects Rs.
Case Title: CHAUS TAUSHIF ALIMIYA Vs. MEMON MAHMMAD UMAR ANWARBHAI (2023 INSC 130)
Case Number: C.A. No.-001241-001242 / 2023
