ANIL KUMAR versus BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. & ANR.

Citation: [2018] 10 S.C.R. 876 · Decided: 31-08-2018 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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[2018] 10 S.C.R.
ANIL KUMAR
v.
BRANCH MANAGER, NATIONAL INSURANCE COMPANY
LTD. & ANR.
(Civil Appeal No. 4398 of 2016)
AUGUST 31, 2018
[ABHAY MANOHAR SAPRE AND
UDAY UMESH LALIT, JJ.]
Motor Vehicles Act, 1988:
s. 173 – Compensation – Claimed – Motor accident – Causing
partial and permanent disability – To 25 years old unmarried
person – Tribunal awarded Rs. 3,43,000/- towards compensation –
High Court dismissed the appeal of the claimant – On appeal, held:
Claimant was able to make out a case for further enhancement in
the quantum of compensation – He is entitled for a further sum of
Rs.5,00,000/- in lump sum in addition to the sum awarded by the
Tribunal – However, interest is not awarded on the enhanced sum
of Rs. 5,00,000/-.
Allowing the appeal, the Court
HELD: 1. The appellant was able to make out a case for
further enhancement in the quantum of compensation awarded
by the Tribunal.  The appellant (claimant) was a young unmarried
boy of 25 years at the time of accident and did not suffer with any
kind of ailment. He had sustained fracture of both pelvic bones
with rapture of urethra and abdomen injuries for which he
underwent four operations and suffered partial but permanent
disability in his body which reduced his movement capacity to a
larger extent. Due to partial but permanent disability, also lost
his job. He spent a substantial sum for his medical treatment.
Since he was still not able to move freely due to disabilities
suffered by him, he is entitled to be suitably compensated by
awarding him monetary compensation. [Paras 11 and 12] [879-C-
F]
2. The appellant is entitled for a further sum of Rs.5,00,000/-
in lump sum in addition to what has been awarded by the Tribunal,
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i.e., Rs.3,43,000/-. Thus, the appellant (claimant) is now entitled
to claim a total sum of Rs.8,43,000/- from the respondents jointly
and severally by way of compensation for the injuries sustained,
partial and permanent disability occurred, medical expenses
incurred and loss occasioned due to injuries sustained by him in
the accident. However, interest is not awarded on the enhanced
sum of Rs.5,00,000/-. The appellant is entitled to claim interest
only on the sum of Rs.3,43,000/- at the rate of 8 % awarded by
the Tribunal. Respondent No.1 (Insurance Company) is directed
to deposit the awarded amount. [Paras 15, 16, 17 and 19]  [880-
A-C, D]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4398
of 2016.
From the Judgment and Order dated  19.03.2015 of the High Court
of Karnataka at Dharwad in M.F.A. No. 24385 of 2011 (MV).
C. B. Gururaj, Yogendar Kumar Varma, Prakash Ranjan Nayak,
Ms. Manjeet Chawla, Manu Shalia, Advs. for the appearing parties.
The Judgment of the Court was delivered by
ABHAY MANOHAR SAPRE, J.  1. This appeal is filed by the
claimant against the final judgment and order dated 19.03.2015 passed
by the High Court of Karnataka Bench at Dharwad in Misc. First Appeal
No. 24385 of 2011(MV) whereby the High Court dismissed the appeal
filed by the claimant (appellant herein) and affirmed the judgment and
award dated 12.04.2011 passed by the Member, MACT-II, Bellary in
M.V.C. No.711 of 2010.
2. Few relevant facts need to be mentioned hereinbelow to
appreciate the question involved in the appeal.
3. The appellant was working as a cleaner in a lorry bearing Regn.
No.AP-21/V-4682 belonging to respondent No.2 herein.  At the relevant
time, it was insured with respondent No.1.  On 05.12.2004, at about 1.00
p.m. near VGM Factory, Belgal Road, Bellary, when the appellant was
standing in front of the abovementioned lorry for the purpose of loading
iron ore, the driver of the lorry moved the vehicle without giving any
signal or horn and dashed it against him.  As a result of which, the
appellant sustained facture of both pelvic bones with rapture of urethra
and abdomen injuries and other grievous injuries all over his body.  The
ANIL KUMAR v. BRANCH MANAGER, NATIONAL
INSURANCE COMPANY LTD. & ANR.
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SUPREME COURT REPORTS
[2018] 10 S.C.R.
appellant was then taken to VIMS Hospital, Bellary for the medical
treatment. The appellant claimed to have spent a substantial sum towards
his medical treatment.  Due to the aforementioned injuries sustained by
the appellant, he has become permanently disabled to do the work which
he was doing before the accident. At the time of accident, the appellant
was 25 years of age and earning Rs.4000/- per month.
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