NEW INDIA ASSURANCE CO LTD Vs. AFROZ

JUDGEMENT

(1.) THESE two appeals by the insurer and the claimant arise out of the same judgment and award dated 21.02.2005 passed in MVC No.5067/2002 on the file of the Motor Accidents Claims Tribunal, Court of Small Causes, Bangalore City. ('Tribunal' for short). The Tribunal by its impugned judgment and award, awarded a sum of ?73,600/- under different heads with 6% interest p.a. from the date of petition till the date of deposit as against the claim of Rs. 4,00,000/- on account of the injuries sustained in the road traffic accident. The insurer has challenged the quantum of compensation awarded by the Tribunalas being on the higher side and also challenged the fastening of the liability on the insurer to pay the compensation, whereas, the claimant contended that, the quantum of compensation is inadequate and it requires enhancement. Both the insurer and the claimant felt necessitated to present these two appeals.

(2.) THE brief facts of the case are that, claimant was aged about 24 years, was a painter by occupation and was earning an income of Rs. 3,000/- per month. He was hale and healthy prior to the accident. It is contended by the claimant that, at about 10.30 p.m. on 24.9.2002 when he was travelling in the auto rickshaw bearing registration No.KA-02/8701 from Arakere to Bilakal, at that time, the driver of the tanker bearing registration No.KA-03/9320 drove the same in a rash and negligent manner, on Bannerghatta Road, in front of IIM, Bangalore and dashed against the auto rickshaw. Due to the impact, the claimant sustained injuries as follows:

(3.) PER contra, learned counsel for the claimant, inter alia, contended and substantiated the liability fastened on the insurer and submitted that the quantum of compensation is not just and reasonable insofar as it pertains to the heads of conveyance, nourishing, food and attendant charges, loss of income during treatment period and the Tribunal has not awarded any amount towards loss of future income and the income of the claimant assessed at the rate of Rs.2,400/- per month is on the lower side. The claimant was aged about 24 years and was a painter by occupation and therefore, at least Rs.3,000/- ought to have been assessed to determine the compensation towards loss of future income and loss of income during treatment period. Therefore, she submits that, the impugned judgment and award is liable to be modified by awarding just and reasonable compensation.