Velayudhan vs National Insurance Company Co. Ltd.

Velayudhan …Appellant(s)

Versus

National Insurance Co. Ltd. & Anr. …Respondent(s)

JUDGMENT

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned

judgment and order dated 23.10.2018 passed by the High

Court of Kerala at Ernakulam in MACA No. 2601/2008, by

which, the High Court has partly allowed the said appeal

and enhanced the total amount of compensation to Rs.

Signature Not Verified 8,24,800/­, the original claimant has preferred the present Digitally signed by NIRMALA NEGI

appeal.

Date: 2022.09.07 14:05:58 IST Reason:

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2. In a vehicular accident, the appellant herein – original

claimant sustained very serious injuries resulting into 68%

permanent disability (the High Court assessed the same as

100%). The appellant sustained head injury with right

temporal contusion with SDH and brain stem injury,

fracture multiple metatarsal bones, fracture medial

malleolus left foot, pneumothorax left with fracture ribs left

side, lacerated wound occipital scalp, contusion left upper

arm mid outer side with limited movement of upper limb,

burns injury left leg antero medially mid part lacerated

wound leg mid anteriorly with adjacent abrasion, lacerated

wound between little toe and fourth toe, edema left foot

dorsal side multiple bodily injuries. The claimant filed

claim petition before the learned Tribunal towards

compensation. The learned Tribunal awarded the

compensation under different heads as under: ­

Head Amount claimed Amount awarded Loss of earning Rs. 45,000/­ Rs. 16,000/­ Expense for Rs. 20,000/­ Rs. 5,000/­

transportation Extra Rs. 10,000/­ Rs. 4,000/­

nourishment

2 Damages to Rs. 0/­ Rs. 5,00/­

clothing Damages to Rs. 4,000/­ Rs. 3,850/­

motorcycle Expense for Rs. 50,000/­ Rs. 80,450/­

treatment Expense for Rs. 1,00,000/­ Rs. 1,00,000/­

personal

assistance Compensation for Rs. 1,50,000/­ Rs. 50,000/­

pain and suffering Compensation for Rs. 2,00,000/­ Rs. 2,44,800/­

permanent

disability Compensation for Rs. 0/­ Rs. 25,000/­

loss of amenities

The learned Tribunal assessed the income of the

claimant at Rs. 2,000/­ per month and accordingly,

awarded actual economic loss as well as future economic

loss. The learned Tribunal awarded Rs. 50,000/­ towards

pain and suffering. In the appeal, the High Court though

assessed the permanent disability at 100% for working out

of the compensation, enhanced the amount of

compensation with respect to the future economic loss

3 considering the income of the injured – claimant at Rs.

3,000/­ per month. The High Court did not enhance the

amount of compensation under other heads.

2.1 Feeling aggrieved and dissatisfied with the impugned

judgment and order of the High Court, the original

claimant – injured has preferred the present appeal.

3. We have heard learned counsel appearing on behalf of the

appellant. At the outset, it is required to be noted that in

the vehicular accident the appellant sustained very serious

injuries referred to hereinabove and suffered trauma and

suffering. The learned Tribunal and the High Court

assessed and awarded Rs. 50,000/­ only towards pain and

suffering. Considering the serious injuries suffered by the

appellant – claimant and prolonged hospitalisation and the

pain and suffering and trauma suffered by the appellant

due to the accident, we are of the opinion that the amount

of Rs. 50,000/­ awarded towards pain and suffering can be

said to on a lower side. We are of the opinion that in the

facts and circumstances of the case and looking to the

serious injuries, prolonged hospitalisation and the pain,

shock and suffering and trauma, which might have been

4 suffered by the appellant – claimant, it would be just and

proper to award Rs. 4,00,000/­ under the head of pain,

shock, and suffering.

4. Similarly, the High Court has erred in awarding the future

economic loss treating the income of the claimant at Rs.

3,000/­ per month only. The claimant was working as a

Mason. The permanent disability assessed by the High

Court is at 100%. Therefore, even considering the

minimum wages payable to the Mason and the future rise

in income, the claimant shall be entitled to the economic

loss past as well as future considering the income of the

claimant at Rs. 5,000/­ per month. Looking to the age of

the claimant that was 40 years, multiplier of 15 is required

to be applied.

5. In view of the above, the present appeal is allowed. The

impugned judgment and order passed by the High Court is

modified awarding Rs. 24,000/­ towards loss of earing; Rs.

9,00,000/­ towards future economic loss (instead of Rs.

5,40,000/­ as awarded by the High Court) and Rs.

4,00,000/­ towards pain, shock, and suffering. Thus, the

claimant shall be entitled to a total sum of Rs. 15,42,800/­

5 with 7.5% interest per annum from the date of the claim

petition, till satisfaction. The respondent – Insurance

Company is directed to pay/deposit the enhanced amount

of compensation as per the present judgment and order

within a period of eight weeks from the date of receipt of a

copy of this judgment. The present appeal is partly allowed

to the aforesaid extent. No costs.

………………………………….J. [M.R. SHAH]

NEW DELHI; ………………………………….J. SEPTEMBER 07, 2022 [KRISHNA MURARI]

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