JUDGMENT

Aggrieved by the award passed in MVC.No.222/2017

dated:22.11.2018, the claimant is before this court seeking enhancement of the compensation.

2. The claim petition is filed seeking compensation of an amount of Rs.50,00,000/- for the injuries sustained by the claimant in the accident. It is the case of the claimant that on 06.10.2016 at about 9.00 a.m when he was riding his TVS XL bearing registration No.KA-42-S- 6663 slowly and cautiously at the left side of the road, at that time, a motor cycle driven by the driver came in a rash and negligent manner with high speed and dashed the claimant vehicle from behind. Due to the said impact, he fell down along with the vehicle and sustained injuries to his neck, backside of head and other bleeding injuries all over the body. As per the evidence of the Doctor who is examined as PW-2, he had developed weakness of all four limbs and also had lost complete sensation in limbs. X-ray and MRI of cervical spine had shown C-5-6 grade I subluxation with spine cord injury. On 07.10.2016, he underwent anterior cervical approach, C5-6 discectomy and fusion with iliac crust bone graft and stabilization with plates ands screws. Post operatively the patient had persistent weakness of all limbs and he was on physiotherapy and medications. MRI done after two months shows cervical spinalmyelomalacia suggestive of permanent spinal cord injury and his weakness is still persisting and is unlikely to improve. The claimant is on wheel chair and he is unable to sit without the help of the relatives. He is completely dependant on others for activities of daily routine. The doctor had assessed the disability at 90% and the functional disability at 100%. The court below had taken the disability at 40%. Accordingly to the claimant working as a cook, earning an amount of Rs.25,000/- per month. The court below had taken Rs.8,000/- as income and granted the compensation under the following heads as per the table given below:- under the following heads as per the table given below:-

3. Learned counsel appearing for the claimant submits that this is a case where because of the injuries sustained by the claimant, he completely has to restrict himself to the wheel chair, and he had lost sensation in all the four limbs. He has relied on the Judgment of the Hon’ble Apex Court in the case of . He submits that in this case young girl was left with a low IQ and with severe weakness in all her four limbs and suffers from severe hysteria and several urinary incontinence and her disability is assessed at 100%. Hon'ble Apex Court while granting the compensation, under the head of future earning had granted an amount of Rs.14,66,000/-. When it comes to

1 AIR 2020 SC 776

attendant charges, considering the requirement of two attendants granted an amount of Rs.5,000/- each and by applying multiplier had granted an amount of Rs.21,60,000/-. Even under the head of pain and suffering, Rs.15,00,000/- is awarded. The learned counsel submits that in this case, the tribunal without considering evidence of the doctor and the and the disability of the claimant had granted only an amount of Rs.7,10,581/-.

4. Learned counsel appearing for the insurance company submits that the judgment of the Hon'ble Apex Court in cannot be applied in the facts of this case, whereas in that case, the young girl because of the accident both mentally and physically was affected and under those circumstances the Hon’ble Apex court had considered the disability and granted the compensation. It is submitted that basing on the evidence on record, the court below had rightly granted the compensation and no grounds are made for enhancement of the compensation.

5. Having heard the learned counsel on either side, perused the entire material on record. In this case, according to the claimant, he is earning an amount of Rs.25,000/- per month, the court below had taken an amount of Rs.8,000/-. Considering that this is an accident of the year 2016, this court is inclined