Compensation For Future Prospects Must Be Provided To Claimants Even In Injury Cases: Karnataka High Court
The Karnataka High Court has said that compensation under the head of future prospects is provided to claimants even in injury cases.
A single judge bench of Justice Dr Chillakur Sumalatha held thus while partly allowing the appeal filed by Santhosh K S who had challenged the order of the Motor Accident Claims Tribunal, which had awarded Rs 4,97,732 instead of Rs 25 lakh which was sought for.
The appellant was 22 years old and working as a coolie. He had sustained type B open fracture distal 3rd of the right femur and injury over the right thumb. The said injuries were noted as laceration over the right knee, exposure of the right knee and fracture of the right supra condyle femur in the wound certificate.
The Tribunal on assessing the evidence concluded that the disability in respect of the whole body would be 18%.
The insurance company had contended that as this is not a case of death or excessive permanent physical disability, future prospects need not be added to the compensation amount.
However, the court said “This Court is of the view that to the extent of disability, the appellant will not be in a position to perform his duties. When a hale and healthy person would be earning a certain amount, the person with permanent disability would not be earning the same amount for the same work as his abilities to do that work would be reduced to the extent of permanent physical disability. This will apply even when there is a hike in payment of wages or salary.”
Placing reliance on Apex Court order in the case of Md. Sabeer @ Shabir Hussain vs Regional Manager U.P. State Road Transport Corporation, the court held “This Court is of the view that future prospects are required to be added even in injury cases."
Noting that the appellant would not have been in a position to attend his normal pursuits at least for a period of 5 months, the court modified the compensation award passed by the tribunal and said “The compensation that is awarded by the Motor Accident Claims Tribunal, Bengaluru, through orders is enhanced from Rs.4,97,732 to Rs.8,05,364.”
Appearance: Advocate Prakasha.H.C for Appellant.
Advocate D.VijayaKumar for R3.
Citation No: 2024 LiveLaw (Kar) 394
Case Title: Santhosh K S AND Dilip Kumar H & Others
Case No: MISCELLANEOUS FIRST APPEAL NO.5265 OF 2021