Amarnath Singh vs Md. Irshad And Ors on 15 July, 2026

    0
    6
    ADVERTISEMENT

    Patna High Court – Orders

    Amarnath Singh vs Md. Irshad And Ors on 15 July, 2026

    Author: Khatim Reza

    Bench: Khatim Reza

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         Miscellaneous Appeal No.480 of 2018
                      ======================================================
                      Amarnath Singh, son of Sri Hari Nandan Singh, Advocate, Civil Court,
                      Sitamarhi, Resident of Krishna Nagar, Ward No. 4, Dumrah, P.S. Dumrah,
                      District- Sitamarhi, Permanent address of village, P.O. and P.S. Bathnaha,
                      District-Sitamarhi
                                                                                ... ... Appellant/s
    
                                                         Versus
    
                1. Md. Irshad , son of Md. Lukman, resident of village- Patev P.S. Bihta, Patna,
                   Bihar,
                2. Surendra Rai, son of Sambha Rai, resident of village Sherpur, P.S. Maur,
                   District Patna
                3. ICICI Lombard General Insurance Company Ltd. Bank Tower, Bandra -Kurla
                   Road, Mumbai-400051 Through Legal Manager, Uma Complex, 3rd Floor,
                   Near Maurya Hotel, Gandhi Maidan, in front of Durdarshan, Fraser Road,
                   Patna-1
                                                                       ... ... Respondent/s
                   ======================================================
                      Appearance :
                      For the Appellant/s    :      Mr. Birendra Kumar, Advocate
                      For the Respondent/s   :      Mr. Durgesh Kumar Singh, Advocate
                                                    Mr. Abhijeet Kumar Singh, Advocate
                      ======================================================
                      CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                             CAV ORDER
    
    26   15-07-2026

    This appeal has been preferred against the judgment

    and Award dated 08.01.2018 and 31.03.2018 respectively passed

    SPONSORED

    in Motor Accident Claim Petition No. 75 of 2011 by the learned

    Additional District Judge-2 – cum- M.A.C.T, Sitamarhi (In

    short, ‘ the Claim Tribunal’) for enhancement of award amount.

    2. The appellant urged various legal grounds and

    contentions for enhancement of compensation in the case of

    motor accident involving the appellant/claimant wherein the

    Claim Tribunal awarded compensation of Rs. 8,34,000/- with
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    2/21

    interest of 6 per cent per annum from the date of filing of claim

    petition, out of which Rs. 25,000/- was already paid to the

    claimant as ad-interim compensation.

    3. The learned Tribunal has assessed the monthly

    notional income of the appellant as Rs. 10,000/- per month and

    multiplied the same by multiplier 8 as a result of which annual

    income comes to Rs. 9,60,000/- and disability of 65 per cent has

    been computed, and as such compensation assessed to Rs.

    6,24,000/- and further allowed medical expenses of Rs.

    2,10,000/-. No compensation in other heads were allowed.

    4. The appellant was a practicing lawyer aged about

    58 years, who suffered permanent disability to the extent of 65

    per cent, has filed the instant appeal for reliefs which has not

    been awarded for just compensation. The learned Claim

    Tribunal ought to have allowed compensation under the head of

    non-pecuniary damages in the present case but the learned

    Claim Tribunal did not allow proper compensation in pecuniary

    and non-pecuniary damages.

    5. The appellant/claimant sustained right leg crush

    injury and his leg was amputated below knee. The learned

    Tribunal erred in not considering the nature of disability and the

    fact that ‘amputation of leg’ from just below knee has rendered
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    3/21

    this appellant 100 per cent functionally disable in his profession

    as an Advocate. The Claim Case No. 75 of 2011 was filed by the

    appellant in the court of District Judge – cum- Motor Accident

    Claim Tribunal, Sitamarhi. claiming compensation of Rs.

    42,61,647/- along with interest at the rate of 9 per cent per

    annum. The appellant is entitled to get the same under different

    heads on the basis of decision of the Hon’ble Apex Court in the

    case of Ibrahim Vs. Raju & Ors. reported in (2011) 10 SCC

    634, wherein, the Hon’ble Apex Court has laid down principles

    to calculate compensation in personal injury cases. The head

    under which the compensation was awarded in such cases are as

    follows:-

    Pecuniary damages (special damages)

    (i) Expenses relating to treatment,

    hospitalisation, medicines, transportation, nourishing food

    and miscellaneous expenditure.

    (ii) Loss of earnings (and other gains) which

    the injured would have made had he not been injured,

    comprising:

    (a) Loss of earning during the period of

    treatment;

    (b) Loss of future earnings on account of
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    4/21

    permanent disability.

    (iii) Future medical expenses.

    Non-pecuniary damages (General damages)

    (iv) Damages for pain, suffering and trauma as

    a consequence of the injuries.

    (v) Loss of amenities (and/or loss of prospects

    of marriage).

    (vi) Loss of expectation of life (shortening of

    normal longevity).

    6. It is further submitted that during trial, the appellant

    has exhibited 23 documents and he also exhibited Vakalatnamas

    executed on behalf of the parties as Exhibit-22 of the case in

    which he had appeared as an advocate before the accident and

    had filed the claim case in which he had given his age as about

    58 years on affidavit. Despite that, the learned Claim Tribunal

    wrongly mentioned in the Award that the appellant is aged about

    44 years. Thereafter, learned court again mentioned his age as

    58 years. Learned counsel for the appellant submitted that the

    learned Claim Tribunal wrongly assessed the income of the

    appellant as Rs. 10,000/- per month and reduced his income

    from Rs. 12,500/- as claimed by the appellant. Respondent No.

    3 / Insurance Company had not assailed the income claimed by
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    5/21

    the appellant and the Claim Tribunal ought to have taken

    functional disability of 100 per cent instead of 65 per cent. It is

    further submitted that the income and earning of a lawyer

    gradually enhances with the passing of the time and age and his

    monthly income must have been taken to Rs. 12,500/- plus 50

    per cent as future prospect coming to Rs. 18,750/- per month

    and the case being of 100 per cent functional disability and

    therefore, ought to have awarded under the head of loss of

    income as Rs. 18,750/- x 9 = Rs. 1,68,750/-. Under the head of

    medical expense, the learned Claim Tribunal only allowed Rs.

    2,10,000/- on the basis of actual bills and cash memos produced

    during the trial. The learned Claim Tribunal ought to have

    allowed under the head of allied medical expenses like nursing,

    medical care, transportation, special nourishment, special

    attendant etc. for which bills and cash memo are not required

    and not possible to brought on record of the case and should

    have allowed at least seven lakh rupees under these heads.

    7. Learned counsel for the appellant further submits

    that amputation of right leg below knee has rendered the

    appellant quite unfit to carry on his profession as an advocate

    and will not work what was doing before the accident. The

    learned Tribunal has also not considered the nature of disability
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    6/21

    taking in case of amputation of leg from below knee rendering

    the appellant 100 per cent functionally disable in his profession

    as an advocate. The medical report provided by the Medical

    Board clearly suggests that the appellant suffers crush of right

    leg below knee and percentage of permanent disability is 65 per

    cent. In view of the said report of Medical Board, the issue of

    adequacy has to be considered in the present case. The payment

    of compensation could not revive the appellant into original

    position. The compensation towards wrongly act in terms of

    money though cannot be decided by the court, but it may be

    determined as per the settled principle in the said context. It is

    further submitted that the claimant suffered permanent disability

    as a result of injuries and the assessment of compensation under

    the head of loss of future earning would depend upon the effect

    and impact of such permanent disability on his earning capacity.

    Reliance has been placed in the case of Syed Sadiq & Ors. Vs.

    Divisional Manager, United India Insurance Company

    Limited reported in AIR 2014 SC 1052. The Apex Court has

    decided the ascertainment of the effect of permanent disability

    on the actual earning capacity. The above aspect has also been

    decided in the case of Smt. Sarla Verma & Ors. Vs. Delhi

    Transport Corporation and Ors. reported in AIR 2009 SC
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    7/21

    3104, in which the Hon’ble Apex Court decided the

    compensation ascertaining the multiplicand as well as multiplier

    from actual calculation as also how much increment would be

    granted to the deceased in calculating the future prospects as

    well as amount relating to dependent family members.

    8. Learned counsel for the appellant further submits

    that the general principles relating to compensation in injury

    cases as well assessment of future loss of earning due to

    permanent disability and also assessment of compensation has

    been decided in the case of Raj Kumar Vs. Ajay Kumar and

    Anr. reported in (2011) 1 SCC 343. It is submitted that the

    disability certificate issued by medical board cannot be ruled out

    only on the ground that the doctor, who treated the appellant,

    has not been examined and the said fact has been considered in

    the case of Raj Kumar (Supra). The appellant also claimed 9

    per cent per annum interest from the date of filing of the claim

    petition till the realisation of the payment. Learned counsel for

    the appellant also cited a decision of the Hon’ble Supreme Court

    in the case of Abhimanyu Pratap Singh Vs. Namita Sekhon

    and Anr. reported in (2022) 8 SCC 489 in which it is stated that

    for a proficient advocate, the person must be physically fit. For

    a proficient determination of compensation, a realistic and
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    8/21

    reasonable method must be recognized. This method must

    account for factors such as the victim age, inflation rate,

    uncertainties of life and other realistic head not only for

    determining the future loss of earning but also for assessing

    attendant charges. It is submitted that in view of guidelines for

    computation of compensation, the claimant/appellant is entitled

    for compensation under the different heads and on the above

    amount of compensation, 9 per cent per annum has to be

    awarded.

    9. On the other hand, learned counsel for the

    Insurance Company/respondent no. 3 submitted that the

    disability to the extent of 65 per cent shown and supported by

    the disability certificate and was issued by doctor, but the doctor

    has not been examined. As such, it cannot be relied upon in

    view of law laid down by the Hon’ble Apex Court in the case of

    Rajesh Kumar @ Raju Vs. Yudhvir Singh & Anr. reported in

    (2008) 7 SCC 305. The said disability certificate is not

    admissible as the author of the certificate has not been

    examined. In the case of disability of 75 per cent plus is

    normally treated as total disability. However, it is not a case of

    total disability. In the case of lesser % (percentage) of disability,

    percentage of disability is deducted from 100 per cent and in the
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    9/21

    present case, if accepting the percentage of disability, it would

    be 100% -35%= 65% . Thus, the monetary loss would be 65 per

    cent out of 100 per cent. Save and except oral evidence, there is

    no proof of income on record. Therefore, the compensation

    would be calculated by taking into the account notional income

    or rate for skilled. As such, compensation at the rate of Rs. 120/-

    per day for 26 working days, even if liberally calculated, it

    would be Rs. 150/- per day x 26 days = 3900 x 65 % x 12 month

    = 30,420 (earning) x 9 multiplier = 2,73,780/- + 10 % future

    prospect as per the case of National Insurance Co. Ltd. v.

    Pranay Sethi & Ors. reported in (2017) 16 SCC 680, apart from

    the amount under non-pecuniary head would be taken into

    consideration for calculating compensation. It is further

    submitted that higher compensation has been allowed under

    pecuniary head and non-pecuniary head. No interest would be

    applicable on the amount under future head and non-pecuniary

    head in view of different judicial pronouncement of the Hon’ble

    Court. Learned counsel for the Insurance Company/respondent

    submitted that in the facts and circumstances, the case of

    enhancement is fit to be rejected.

    10. From the facts and circumstances of the case and

    materials available on record, it is apparent that the
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    10/21

    victim/claimant was earning as practicing lawyer as well as

    from cultivation. Altogether, he earned Rs. 12,500/- per month

    at the time of accident. On this point, the Insurance

    Company/respondent did not cross-examine. The said income is

    reduced by the Claim Tribunal to a sum of Rs. 10,000/- per

    month without any legal basis. The income of the appellant has

    not been challenged by any cogent evidence by the Insurance

    Company. On perusal of the evidences available on record, it

    appears that the victim/appellant was active legal practitioner.

    The witnesses of the appellant in their oral evidence have

    supported the income of the appellant as claimed by the

    appellant and there is no rebuttal against such income of the

    victim. In the case of Parminder Singh v. New India

    Assurance Co. Ltd. & Ors. reported in (2019) 7 SCC 217, the

    Hon’ble Apex Court has held in paragraph no. 5.1 & 5.2 as

    follows:-

    5.1. The appellant has however, produced an
    affidavit by his employer in this Court. As
    per the said affidavit, the appellant was
    earning Rs. 10,000/- p.m. at the time of
    accident.

    5.2 On the basis of the affidavit filed by the
    employer of the appellant, we accept that the
    income of the appellant was Rs. 10,000 p.m.
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    11/21

    at the time of accident, for the purpose of
    computing the compensation payable to him.

    11. It is also apparent from the impugned judgment

    and Award, that the learned Claim Tribunal has wrongly applied

    multiplier of 8. With respect to the multiplier, the Hon’ble

    Supreme Court in the case of Sarla Verma (Supra), has decided

    the multiplier as per the age of the deceased. The learned

    Tribunal has wrongly multiplied the multiplicand with

    multiplier 8 in place of 9. In the case of Sarla Verma (Supra), a

    chart has been prepared for fixing the applicable multiplier in

    accordance with the age of the deceased after considering the

    judgment in the case of General Manager, Kerala State Road

    Transport Corporation, Trivandrum Vs. Susamma Thomas

    (MRS) And Others reported in (1994) 2 SCC 176, U.P. State

    Road Transport Corporation and others Vs. Trilok Chandra

    and others reported in (1996) 4 SCC 362 and New India

    Insurance Co. Ltd. Vs. Charlie and another reported in (2005)

    10 SCC 720. The relevant extract from the said chart i.e. column

    no. 4 has been set out herein below for ready reference:-

                          Age of the deceased          Multiplier (Column 4)
                          Up to 15 years               ---
                          15 to 20 years               18
                          21 to 25 years               18
                          26 to 30 years               17
    

    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    12/21

    31 to 35 years 16
    36 to 40 years 15
    41 to 45 years 14
    46 to 50 years 13
    51 to 55 years 11
    56 to 60 years 09

    12. It is the admitted case of the parties that the

    deceased was aged about 58 years at the time of accident and

    therefore, in view of the judgment of Sarla Verma (Supra), the

    multiplier of 9 should be applied instead of multiplier of 8. It is

    also apparent from the materials available on records especially

    Ext.-17 issued on 08.09.2011 just after 8 months of accident that

    the right leg of the appellant has been amputated below knee.

    Disability certificate has shown 65 per cent which has been

    accepted by the Claim Tribunal and further held that the

    appellant will be entitled to get 65 per cent of total income after

    calculation of annual income by multiplier of 8 without any

    assessment of fair, reasonable and equitable manner. The

    Tribunal shall have to assess the damages objectively and

    exclude from consideration any speculation or fancy, though

    some conjecture with reference to the nature of disability and its

    consequences, is inevitable. A person is not only to be

    compensated for the physical injury, but also for the loss which

    he suffered as a result of such injury. Therefore, the claimant is
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    13/21

    to be compensated for his inability to lead a full life, his

    inability to enjoy those normal amenities which he would have

    enjoyed but for the injuries, and his inability to earn as much as

    he did or could have earned. This view has been taken in the

    case of Raj Kumar (Supra).

    13. In The Persons with Disabilities (Equal

    Opportunities, Protection of Rights and Full Participation) Act,

    1995 (in short, ” The Disability Act), the disability enumerated

    in Section 2(i) of the Disability Act are the result of injuries

    sustained in a motor accident, they can be permanent disabilities

    for the purpose of claiming compensation. The Medical

    Certificate issued by the Medical Board and countersigned by

    the Chief Medical Officer, Sitamarhi shows that the appellant’s

    right leg was amputated below knee and percentage of

    permanent disability is 65 per cent. When the Disability

    Certificate states that the injured has suffered permanent

    disability to the extent of 65 per cent of the right leg, it is not the

    same as 65 per cent permanent disability with reference to the

    whole body. The extent of a disability of a limb (or part of the

    body) expressed in terms of a percentage of the total functions

    of that leg, obviously cannot be assumed to be extent of

    disability of the whole body. If there is 60 per cent permanent
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    14/21

    disability of the right hand and 80 per cent permanent disability

    of left leg, it does not mean that the extent of permanent

    disability with reference to the whole body is 140 per cent. If

    different parts of the body have suffered different percentage of

    disabilities, the sum total thereof expressed in terms of the

    permanent disability with reference to the whole body cannot be

    obviously exceed 100 per cent. It is further held that where the

    claimants suffers a permanent disability as a result of injuries,

    the assessment of compensation under the head of loss of future

    earning, would depend upon the effect and impact of such

    permanent disability on his earning capacity.

    14. In the aforesaid judgment of the Hon’ble Supreme

    Court, the guidelines have been settled with regard to the

    ascertainment of the effect of permanent disability on the actual

    earning capacity, which involves three steps. The Tribunal has to

    first ascertain of the activities the claimant could carry on in

    spite of the permanent disability and what he could not do as the

    result of permanent ability (this is also relevant for awarding

    compensation under the head of loss of amenities of life). The

    second step is to ascertain his avocation, profession and nature

    of work before the accident, and also his age. The third step is to

    find out whether (i) the claimant is totally disabled from earning
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    15/21

    any kind of livelihood, or (ii) Whether in spite of the permanent

    disability, the claimant can still effectively carry on the activities

    and functions, which he was earlier carrying on or (iii) Whether

    he was prevented or restricted from discharging his previous

    activities and function but could carry on some other or lessor

    scale of activities and function so that he continues to earn his

    livelihood.

    15. In the present case, the nature of work of the

    claimant/appellant before the accident was that he was active

    lawyer practicing before the different Courts in the district.

    After the accident, he was prevented/restricted from discharging

    his previous activities. It is also apparent from the nature of job

    that after the accident, the clients of the claimant lost his interest

    to engage the claimant as their lawyers because he did not

    perform previous duties effectively. In that event, the claimant

    loss of earning capacity will be more than 65 per cent. It is

    apparent in the case of the claimant that he was found not

    suitable for discharging the duties attached to the nature of job

    as an advocate which he was earlier carrying, on account of his

    disability. When compensation is awarded by treating the loss of

    earning capacity 65 per cent, the need to award compensation

    separately under the head of loss of amenities or loss of
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    16/21

    expectation of life does not necessarily disappear. It is apparent

    from the record that the disability certificate has been given by

    duly constituted Medical Board. The genuineness of the

    certificate has not been challenged by the Insurance Company.

    The Insurance Company has only raised objection with regard

    to the non-examination of doctor. The permanent disability

    arising out from injuries resulted in the loss of earning capacity.

    It is apparent from the record that the claimant after fully

    recovered from the injury and treatment, rejoined his profession,

    but he was not found suitable for discharging the duties attached

    to the profession / nature of work which he was earlier

    discharging. On account of his disability, his earning capacity

    was reduced. The percentage of permanent disability is stated

    with reference to the right leg. The permanent disability was

    assessed as 65 per cent by the Claim Tribunal, but the Claim

    Tribunal has not assessed compensation under the head of loss

    of future earning. The permanent disability would have

    prevented him from carrying on his profession as an advocate.

    The permanent disability of the injured claimant reduced his

    earning capacity. Therefore, this Court assessed the permanent

    functional disability considering the nature of job as 65 per cent

    and the loss of future earning capacity as 65 per cent. Therefore,
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    17/21

    the annual income prior to the accident is of Rs. 12,500/- x 12 =

    1,50,000/-. Loss of future earning per annum 65 per cent of the

    annual income is equal to Rs. 97,500/-. The multiplier

    applicable with reference to age and calculation mentioned as

    per the case of Sarla Verma (supra) is 9. Therefore, the loss of

    future earning is Rs. 97,500 x 9 = 8,77,500/-.

    16. So far loss of earning during the period of

    treatment and incapacitated to pursue his profession is

    concerned, it is apparent from the evidence adduced by the

    claimant that he was admitted to Nursing Home, namely, Akshat

    Sewa Sadan, Yarpur Patna on 22.01.2011 at 6:00 PM under the

    treatment of Dr. Amulya Kumar Singh. As per the doctor

    certificate (Ext.-9) and other relevant documents, there was

    crush lacerated injury of the effected part and leg was hanging

    from around knee with just tags of skin. Bones were separated

    and almost no soft tissue connection. The certificate of the

    doctor and prescription and other medical papers show that

    claimant’s right leg was operated on 22.01.2011 and his knee

    was amputated. It further shows that he was again operated on

    02.02.2011. He was under active care of the said doctor and

    doctor suggested some more operation will be done before final

    operation as per the discussion with Plastic Surgeon and other
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    18/21

    Orthopedic Surgeon. The said doctor certified that the condition

    of the patient is not good and stump is not healthy. The said

    certificate (Ext.-9) was issued by Orthopedic Surgeon on

    03.02.2011. The prescription of the doctor (Ext.-8 series

    particularly Ext.-8/2) shows that the patient (claimant) was re-

    examined by the Doctor, who prescribed him medicine for 6

    months more on 11.12.2012. The invoice of medicine was

    issued by Balaji Medical on payment of bills issued on

    26.02.2013 (Ext.-12 series) particularly invoice dated

    26.02.2013 is of Rs. 2970/-. These documents at least shows

    that the claimant was regularly in consult with the doctor and

    taking the medicine for his treatment till February, 2013. He was

    prevented form discharging his previous activities and functions

    which he was earlier carrying on. During this period, i.e.

    22.01.2011 to February, 2013, the claimant was restricted from

    his profession and the actual loss of earning capacity was 100

    per cent. With regard to this aspect of the matter, the learned

    claim tribunal did not consider the loss of earning capacity

    during the period February, 2011 to February, 2013. For the loss

    of earning during the period of treatment and consultation with

    the doctor, the claimant is entitled at the rate of Rs. 12,500/- per

    month during the period from February, 2011 to February, 2013
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    19/21

    and is to be considered in view of decision reported in Sidram

    Vs. Divisional Manager, United India Insurance Company

    Limited and Another reported in (2023) 3 SCC 439. The

    decision under the aforesaid head is awarded Rs. 12,500/- x 25

    months = Rs. 3,12,500/-. So far the treatment from 02.09.2011

    till disposal of this appeal, the claimant/appellant had claimed

    Rs. 12,000/- per month as treatment cost. The receipt of the

    invoice for purchasing medicine or other charges were not filed

    by the claimant as stated above. Only the documents (Ext.-8/2

    dated 11.12.2012) is available on record which shows that the

    medicine was prescribed for 6 months. The future medical

    expenses is from September, 2011 to June 2013 i.e. for 22

    months. The cost of treatment as claimed by the claimant is Rs.

    12,000/- per month. Therefore, the total calculation for future

    medical expenses is Rs. 12,000/- x 22 = 2,64.000/-. I also

    propose to award lump sum amount for loss of amenities i.e.

    two lakh rupees taking into consideration the fact that the

    appellant was 58 years old at the time of accident as also the

    nature of injury suffered by him and the extent of his disability.

    So far other heads i.e. litigation charges and pain suffering

    would also be followed.

    17. Considering the entire aspect of the matter, details
    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    20/21

    of the compensation under the different heads in the light of the

    decisions of the Hon’ble Supreme Court passed in the case of

    Sidram (supra), the claimant/appellant is awarded

    compensation under the manner indicated in the chart below and

    the judgment and award passed by the Claim Tribunal is

    modified to the aforesaid extent.

    1. Name Amarnath Singh

    2. Age 58 years

    3. Monthly Income Rs. 12,500/- (employed
    as lawyer)

    4. Annual Income Rs. 12,500 x 12 = Rs.

    1,50,000/-

    5. Multiplier based on age of 9
    58 years

    6. Total Income Rs. 1,50,000/- x 9
    = 13,50,000/-

    7. Loss of future earning Rs. 13,50,000 x 65% =
    capacity due to permanent Rs. 8,77,500/-

    disability i.e. 65 %

    8. Loss of earning during Rs. 12,500 x 25 = Rs.

    period of treatment for 25 3,12,500/-

    months

    9. Litigation charges Rs. 20,000/-

    10. Pain/suffering Rs. 1,00,000/-

    11. Loss of Amenities Rs. 2,00,000/-

    12. Medical Expenses Rs. 2,10,000/-

    13. Future Medical Expenses Rs. 2,64,000/-

                            Total      Amount        of Rs. 19,84,000/-
                            Compensation i.e. Loss of (Rs.      8,77,500/-  +
    

    future earning capacity 3,12,500/- + 20,000/- +
    due to permanent disability 1,00,000/- +2,00,000/-
    i.e. 65 % + Loss of earning + 2,10,000/- + Rs.

                            during period of treatment 2,64,000/-)
                            for 25 months + Litigation
                            Charges + Pain/ sufferings
                            + Loss of Amenities+
                            Medical      Expenses     +
                            Future Earning Expenses
    

    Patna High Court MA No.480 of 2018(26) dt.15-07-2026
    21/21

    18. Accordingly, the compensation awarded by the

    learned Claim Tribunal is enhanced / modified from Rs.

    8,34,000/- to Rs. 19,84,000/-

    19. The Insurance Company shall pay the difference

    amount within a period of three months from the date of

    receipt/production of copy of this court which shall carry

    simple interest at the rate of 9 per cent per annum from the date

    of filing of claim petition till the date of realisation.

    20. In the result, the appeal is allowed with the

    aforesaid enhancement in the compensation amount.

    21. Pending interlocutory applications, if any, shall

    stand disposed of.

    (Khatim Reza, J)

    premchand/-

    U



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here