The claimant not being satisfied with the quantum of compensation awarded by the Motor Vehicles Claims Tribunal in M.V.C. The short point that arises for our consideration in this appeal is: (1) Whether the compensation awarded by the Tribunal, as affirmed by the High Court deserves to be affirmed or modified? The Insurer contested the matter before the Tribunal and after trial, Tribunal allowed the claim petition in part and awarded compensation of Rs.2,36,812/- under the following heads: Pain, Injuries and suffering Rs. though it was stated on oath that claimant was aged 24 years on the date of accident and was a graduate, working as a Marketing Executive in a private company and earning Rs.8,000/- p.m. The CT Scan Ex.P-12 disclosed extradural haemotoma within right temporal region and hemorrhagic contusions on the right temporal lobe.
Also Read: https://newslaw.in/supreme-court/c-a-no-004835-004835-2023/
Hence, we award Additional Compensation of Rs.50,000/- under the head ‘pain and suffering’.
Claimant has contended that he was working as Marketing Executive and earning salary of Rs.8,000/- p.m. When we turn our attention to the salary aspect of claimant, it would not detain us to modify the finding of the Tribunal and the High Court whereunder it has been held that income of the claimant is to be construed at Rs.3,000/- p.m.
Claimant has deposed that he was working as Marketing Executive in a private company called M/s Golden Investments and drawing a salary of Rs.8,000/- p.m.
Claimant being a graduate and working as Marketing Executive, his plea of salary being Rs.8,000/- p.m.
He has clearly deposed that on account of the injuries sustained and consequential disability suffered his marriage prospects have become bleak.
In the light of the compensation awarded towards ‘Loss of Future Income’ the sum of Rs.60,000/- awarded by the Tribunal under the head ‘Permanent Disability’ and ‘Loss of Amenities in Future Life’ would not arise.
50,000/ TOTAL Rs.15,94,812
For the reasons afore stated, we allow this appeal in part and modify the award of the Tribunal as affirmed by the High Court in MFA No.6365 of 2009 and in substitution to the same we award a sum of Rs.15,94,812/- with interest @ 6% p.a.
Case Title: SRI LAKSHMANA GOWDA B.N. Vs. THE ORIENTAL INSURANCE CO. LTD. (2023 INSC 611)
Case Number: C.A. No.-004255-004255 / 2023
