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A division bench of Justices Krishna S Dixit and P Krishna Bhat awarded more than Rs 6. 1 lakh compensation with 9% interest (including Rs 2. 7 lakh under loss of future prospects) to petitioner Abdul from Hubballi.
The bench said “ loss of future prospects” also has to be factored in, notwithstanding the fact that it was not a case of death but of injury without amputation, resulting in whole body disability to the extent of 20%, which ultimately has a bearing on reduced earning capacity.
“. . . Judges sometimes make law if the statutes made by Parliament fall short of meeting the requirements of the time,” it added.
A tailor, Abdul, 40, was seriously injured on December 31, 2009, while returning to Hubballi from Kerur in a state transport (NWKRTC) bus around 9. 30pm. The bus collided with a truck which was parked partly by the side of the road and partly on the asphalted portion, and was not clearly visible.
The impact of the collision left Abdul with an open fracture below the left knee. He also suffered certain other injuries. The fracture needed fixing of DCP plates and screws and K-wire fixation, on which he spent Rs 1. 9 lakh. He was in hospital for 49 days.
He then moved the Motor Accident Claims Tribunal at Hubballi, which by an order dated September 17, 2016, awarded Rs 5. 2 lakh with 9% interest. Holding that the truck was partially parked on the road, the tribunal fixed 30% liability on the insurer.
Abdul challenged the verdict, seeking higher compensation. New India Assurance Company Limited, the insurer of the truck, questioned the tribunal’s order, saying entire liability should have been fixed upon NWKRTC, saying the bus driver was a t fault. However, the division bench partly allowed both appeals, pointing out the tribunal could not have ignored the fact that being a tailor, the claimant required a fully functional pai r of lower limbs.
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