AWARD OF MEDICAL ATTENDANT CHARGES FOR PERSONS WHO SUSTAINED GRIEVOUS INJURIES IN MOTOR VEHICLES ACCIDENT.

 AWARD OF  MEDICAL ATTENDANT CHARGES FOR PERSONS WHO SUSTAINED GRIEVOUS INJURIES IN MOTOR VEHICLES ACCIDENT.

Suppose a person sustain  disability in a motor vehicle accident, completely bed ridden and dependent on caretaker what will be the award of compensation on the head of medical attendants. This aspect has been clearly discussed in Lalan D @ Lal and another  VS oriental insurance co.ltd.,  2021 (1) TNMAC 283 (SC)

The brief facts of the case is as follows:

The appellants before the apex court are a victim of a road accident and his wife. The first appellant is the victim. The accident occurred while the victim was riding his bicycle along the side of Alappuzha – kollam highway. At the time of institution of the claim petition before the motor accidents claims tribunal, Alappuzha under section 166 of the motor vehicles act, 1988 out of which this appeal arises. The 1^st appellant was unconscious and was represented by his wife as the legal guardian and next friend. She was also a  co – applicant before the tribunal. It was claimed before the forum of first instance that the victim was skilled laborer in a building construction project. His age at that time was 34 years. He suffered head injury causing brain concussion, brain stems injury. He had to undergo extensive treatment in two hospitals. He had to spend about six weeks in two hospitals. Thereafter also his treatment continued.

Compensation was awarded by the tribunal under following heads, applying the multiplier of 17.

Compensation for loss of earnings	Rs.20,000/
Cost of medicine and treatment charges	Rs.68,000/
Transportation charges	Rs. 6,000/
Bystander expenses	Rs. 6,000/
Extra - nourishment	Rs.1,500/
Damage to clothing	Rs.   500/
Compensation for pain and sufferings	Rs.30,000/
Compensation for permanent disability and loss of earning power	Rs.2,55,500/
Compensation for loss of amenities	Rs.10,000/
Compensation for future treatment	Rs.  2,500/
Total	Rs.4,00,000/

 

The victim and his wife appealed to the high court of kerala at Ernakulam seeking enhancement of compensation. The high court considered certain additional documents. The appellant established before the high court the need to continue his treatment subsequent to the award of the tribunal. It was opined in the judgment of the high court , that the condition of appellant was such that it was more than sufficient to arrive at a finding that he was virtually lying as vegetable. The victim had permanent loco – motor disability due to head injury which was not likely to improve. The high court found that the victim needed a full time caretaker as he was not in a position to move around on free will. The high court assessed the degree of disability to be reckoned as 100% for working out proper compensation and applied the multiplier of 16 considering his age.

The medical board at the medical college hospital has certified the victims permanent disability to be 50% which was the basis for assessment of degree of his disability by the tribunal.

No compensation awarded towards expenses for a caregiver barring a paltry sum of Rs. 6,000/ as bystander expenses. The defence of the insurance company was that no evidence has been led as regards expenses incurred towards any medical attendant. But the physical condition of the victim is that he required and still require caregiver round the clock and round the year to remain barely functional. Judging from the society he comes from, it would be irrational to expect that he would have been in a position to directly engage a caregiver after his accident. It would not be an unreasonable assumption that his family members must have had to fit into the role. They could perform the role of care giver only by diverting their own time from any form of gainful employment, which could have generated some income. The apex court proceed on the same assumption on his requirement of continued medical treatment post discharge from the hospital. And the apex court is of the opinion that Rs.7,00,000/ ought to be awarded  as lumpsum, composite amount for medical attendant charges and future medical treatment.