SUBHASH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) These two appeals by the claimant and Insurance Company respectively, are directed against the same judgment and award dated 26th March 2005 passed in MVC No. 804/2000 on the file of the Member, Motor Accident Claims Tribunal-V, Additional Judge, Court of Small Causes, Bangalore City (for short, Tribunal'). The claimant has come up in appeal seeking enhancement of compensation, on the ground that, the compensation of Rs. 2,73,595/- awarded in his favour as against his claim for Rs. 12,00,000/- is inadequate and the Insurance Company has come up in appeal, seeking reduction of compensation on the ground that, the Tribunal is not justified in awarding compensation towards loss of future income.

(2.) The facts in brief are that, the claimant was aged about 36 years at the time of accident and was working as 'Conductor' in BMTC. That on 30-11-1996, at about 8:00 A.M., when he was crossing the road from East to West direction, slowly and cautiously, at that time, a Tempo bearing Registration No. KA-02/A-3906 came from North to South direction, in a rash and negligent manner and dashed against the claimant. As a result of the same, he fell down and sustained lacerated wound over the occipital, lacerated wound over forehead, fracture of right clavicle and fracture of acromion. It is his case that he has spent huge sums of money on conveyance, nourishing food and attendant charges apart from medical and other expenses and therefore, he is required to be compensated adequately.

(3.) On account of the injuries sustained in the accident, the claimant filed the claim petition before the Tribunal, under Section 166 of the Motor Vehicles Act, seeking compensation of a sum of Rs. 12.00 lakhs against the Insurance Company, the owner and the driver of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 26th March 2005. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 2,73,595/- with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant is in appeal before this Court, seeking enhancement of compensation, on the other hand, the Insurance Company has come up in appeal seeking reduction of compensation, on the ground that the compensation awarded towards loss of future income is unjustifiable.