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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
A. P. Bhangale, J
New India Assurance Company Limited – Appellant
Versus
Pramod & Ors. – Respondents
First Appeal No. 1136 of 2011
Decided On : 11-08-2015
Motor Accident Claims Tribunal - Motor Vehicles Act - Section 140 - Summary: The court awarded compensation under Section 140 of the Motor Vehicles Act to a claimant who suffered severe injuries in a motor vehicle accident. The court found the offending truck's driver to be negligent and held the insurance company liable for compensation. The court's decision was influenced by the assessment of the claimant's permanent disability and the need for future medical treatment, as well as the loss of prospects and enjoyment in the claimant's life.
Fact of the Case:
The claimant, an engineering student, suffered severe injuries in a motor vehicle accident, resulting in permanent disability and extensive medical treatment. The insurance company denied the claim, arguing negligence on the part of the motorcycle driver and the absence of necessary parties in the claim petition.
Finding of the Court:
The court found the truck driver negligent and held the insurance company liable for compensation. The court awarded a sum of Rs. 19,20,000 to the claimant, considering the nature of injuries, loss of physical ability, percentage of permanent disability, loss of prospects in life, and loss of pleasure.
Issues: The issues included the assessment of the claimant's permanent disability, the negligence of the truck driver, and the liability of the insurance company for compensation.
Ratio Decidendi: The court's decision was influenced by the assessment of the claimant's permanent disability, the need for future medical treatment, and the loss of prospects and enjoyment in the claimant's life.
Final Decision: The court maintained the judgment and award on the issue of negligence but set aside the findings on other issues, remitting the proceeding back to the Tribunal for fresh findings and consideration of all aspects related to the compensation.
1. This appeal is preferred against judgment and Award dated 19th April 2011 passed by the Member, Motor Accident Claims Tribunal, Amravati in Claim Petition No. 25 of 2005 whereby the learned Member of the Tribunal awarded a sum of Rs. 19,20,000/- payable to the claimant as compensation inclusive no-fault liability amount awarded under Section 140 of the Motor Vehicles Act together with interest @ 8% per annum from the date of claim petition till realization.
2. Brief facts are that, claimant – an engineering student while sitting pillion on the motorcycle (bearing registration number MH-31-AZ-5939) driven by one Prajwal More was dashed by a truck bearing registration number MH-31/AP-6855 coming from opposite direction. Due to the impact, petitioner and his friend were thrown away on the road. Claimant Pramod received grievous injuries on vital parts of his body and was rendered disable for almost hundred percent for pursing his education as engineering student in B. E. Part-II. As a result of accident, the claimant had to undergo medical treatment for various grievous injuries to his body. These injuries were described as under :
“I (i) depressed fracture of anterior wall of right masillary sinus with fracture of nasal arches on both sides.
(ii) Fluid collection in bilateral maxillary sinus.
(iii) Intra-cerebral haematoma measuring 1.5 cm x 1.1 cm size in left gangliocaspsolar region s/o shearing injury.
(iv) Subarchnoid haemorrhagesin right Sylvain tissues.
(v) Multiple haemorrhagic cortical contusion in bilateral basifrontal region.
(vi) Soft tissue swelling in the region of right maxilla and right parietal region.
II. Compound fracture to the right leg. The rod is fixed from hip joint to knee i.e. femur by making surgery.
III. Grievous injuries and multiple fractures to the frontal side, face, nose, tooth, mandible region, throat and tongue.
IV. The petitioner sustained grievous injuries due to which he is unable to eat or drink, a tube is fixed for providing juice to the petitioner since the date of accident.
V. The fluid (water) is collected in the brain of the petitioner, it is removed two times and at last a tube is fixed by making a drain in the body from brain to lower lumber region for purposes of water collected in brain fluid removed from tube.
VI. Two teeth of the petitioner are broken out of which one is entered into lungs of the petitioner. The petitioner has sustained grievous injuries to his chest, due to which his heart is disturbed and not functioning as prior to the accident and thereby the petitioner caused 30% permanent disability in the heart.
VII. The petitioner sustained fracture to the base of C-2 body with fracture fragment displaced ante body. The fracture line extends into right pedicle C-3 and backwards involving post surface of G3 body with mild C2-C3 subsuxation. The upper vertebra of the vertebra column is fractured, due to which the movements of the neck and back of the petitioner are restricted and unable to move the neck and back, eat and drink and thereby caused permanent disability in the neck to the extent of 30%.
VIII. In CT Scan of brain of the applicant biofrontal temporal significant effusion seen. Right basifrontal lobe small low attenuated area suggest minimal non-haemorrhagic contusion.
IX. On 20.9.2004 operation performed – left fronto parietal peritoneal shunt by surgeon Dr L. Singh.”
3. The claimant was initially admitted in General Hospital, Amravati and then he was shifted to Yadgire Superspeciality Hospital, Amravati and underwent treatment till 31.8.2004. He was then shifted to CIMS Hospital, Nagpur and there he underwent treatment till 18.10.2004. It was the case of appellant before the Tribunal that for medical treatment, his family had to spend Rs. 6,00,000/-. During treatment amount of Rs. 1,00,000/- was spent over special diet; Rs. 30,000/- towards travelling, lodging, boarding and auto-rickshaw charges. He claimed Rs. 2,00,000/- on account of loss of amenities, mental and
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