M.D.JACOB Vs UNITED INDIA INSURANCE LTD.
Bench: P SATHASIVAM,RANJAN GOGOI,SHIVA KIRTI SINGH
Case number: C.A. No.-005601-005602 / 2007
Diary number: 9144 / 2007
Advocates: Vs
M. K. DUA
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 5601-5602 OF 2007
M.D. JACOB ... APPELLANT
VS.
UNITED INDIA INSURANCE LTD. & ANR. ... RESPONDENTS
J U D G M E N T
SHIVA KIRTI SINGH, J.
Heard learned counsel for the appellant and
learned counsel for the respondent-Insurance
Company.
2. The appellant was a victim of road accident on
27th July, 1997. On account of several serious
injuries including amputation of complete left
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hand, severe injuries in head, dislocation of bones
in hip and both knees and severe injuries in foot,
the Doctor assessed his disability at 100%.
3. The appellant preferred a claim petition before
the Motor Accidents Claims Tribunal at Chennai and
sought compensation of Rs.26,00,000/- (rupees
twenty six lacs). The Claims Tribunal allowed a
claim for Rs.14,20,000/- (rupees fourteen lacs and
twenty thousand only) vide judgment dated 9.8.2000
rendered in M.C.O.P. No. 3365 of 1997. The claim
allowed on different heads includes:
(i) Loss of income for one year as
Rs.60,000/-;
(ii) Special diet and transportation-
Rs.50,000/-
(iii) Medical expenses –Rs.50,000/-
(iv) Pain and suffering – Rs.2,00,000/-
(v) Permanent disability – Rs.4,00,000/-
(vi) Loss of future earning – Rs.6,60,000/-
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4. The Insurance Company preferred appeal before
the High Court at Madras and by the order under
appeal dated 13.11.2006 passed in C.M.A. Nos. 1963
of 2000 and 12 of 2001 the High Court, while
maintaining the Award under the first three heads,
reduced the amount of Rs.2,00,000/- for pain and
suffering to Rs.1,00,000/-, Rs.4,00,000/- for
permanent disability to Rs.3,00,000/- and
Rs.6,60,000/- as loss of future earning to
Rs.3,96,000/-. As a result of aforesaid reduction,
the appellant has been held entitled only to
Rs.9,56,000/- (rupees nine lacs and fifty six
thousand only) in place of Rs.14,20,000/- (rupees
fourteen lacs and twenty thousands only). Assailing
the order under appeal on account of reduction of
compensation under the three heads noted above,
learned counsel for the appellant has taken us
through the materials on record including the
judgment of the Tribunal and the judgment of the
High Court under appeal.
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5. It has been shown that the Tribunal has
discussed all the available materials in detail for
coming to a cogent and well reasoned finding for
calculating the loss of future earning on the basis
of monthly income of Rs.5,000/- whereas the High
Court reduced the monthly income to Rs.3,000/-
without specifying any reasons for reversing the
finding of the Tribunal. The Tribunal considered
oral evidence of the claimant as well as documents
such as Ext. P.4 and Ext. P.5 showing that the
applicant had experience of working as Electrician
and was employed as such. In the light of all the
relevant materials the Tribunal assessed the
earning capacity of the appellant as Rs.5,000/-
p.m. and accordingly allowed a sum of Rs.60,000/-
as loss of earning capacity for a period of one
year and by adopting the multiplier of 11 allowed
Rs.6,60,000/- as loss of future earning.
6. The High Court did not interfere with the
multiplier and as indicated above, without good
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reasons treated the monthly income of the appellant
to be Rs.3,000/- in place of Rs.5,000/-.
Inexplicably the High court has retained loss of
income for one year to be Rs.60,000/- which is
possible only if the monthly income is accepted to
be Rs.5,000/-. There is no reason assigned even
for reducing the compensation of Rs.2,00,000/- for
pain and suffering to Rs.1,00,000/- and of
Rs.4,00,000/- for permanent disability to
Rs.3,00,000/-.
7. Considering that the appellant had suffered
100% disability, in our view, the learned Tribunal
was quite justified in allowing Rs.14,20,000/- as
total compensation on the basis of monthly income
of Rs.5,000/-. The judgment of the High Court
under appeal is therefore set aside and the
judgment and order of the Tribunal is restored.
The dues payable to the appellant on account of
this order should be deposited by the respondent-
Insurance Company with the Tribunal within eight
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weeks along with interest on such amount at the
rate of 9% to be paid from the date of petition
i.e. 27.08.1997. The appellant shall be entitled to
withdraw the said amount without any condition.
8. The appeals are allowed to the aforesaid
extent. No costs.
……………………………………………C.J.I. (P. SATHASIVAM)
……………………………………………………J. (RANJAN GOGOI)
……………………………………………………J. (SHIVA KIRTI SINGH)
New Delhi, January 21, 2014.
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