KOCHI:In a landmark judgment, the HC has held that compensation could be awarded to accident victims, who undergo amputation, for fitting artificial limb in future.
The court issued the order in view of the recurring health issues associated with amputation, and the need for patients to seek medical help from time to time. The court has fixed Rs 2 lakh as compensation for accident victims for expenses to be incurred in future for treatment and fitting artificial limb. A Division Bench comprising Justice T R Ramachandran Nair and Justice K P Jyothindranath passed the order on the appeal filed by Robin Babu, an accident victim, seeking enhancement of the compensation awarded to him. The Motor Accident Claims Tribunal had awarded Rs 4.17 lakh to Robin against a claim for Rs 7 lakh. On February 3, 2002, Robin suffered serious injuries in the right ankle with multiple laceration, after a lorry hit the motorcycle he was riding. Later, his right leg was amputated below the knee.
Counsel for the appellant T K Koshy submitted that Robin, who was a preventive officer in the Excise Department, could not attend he department examination for promotion due to the amputation. The counsel for the insurance company submitted that the appellant had already been compensated properly by the Tribunal. It was also submitted that the job in which he was continuing was never affected.
The court observed that the appellant who underwent amputation would have to seek medical treatment from time to time. The Tribunal had awarded Rs 1 lakh towards future treatment, including cost of the artificial limb. “Considering the future requirements and also in tune with the decision of the Supreme Court in the ‘Dinesh Singh case’, the court awarded Rs 2 lakh under this head,” held the Bench.
It also revised up the total compensation to Rs 965,780, and held that the insurance company was liable to pay the amount in tune with the finding of the Tribunal.