ABDUL MAFEEZ S/O ABDUL RAUF Vs. BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD BRANCH OFFICE, GIRI COMPLEX BASAVESHWAR CHOWK GANDHI GUNJ ROAD BIDAR AND MOHAN S/O SHARANAPPA KHADKE MAJOR

JUDGEMENT

(1.) AGGRIEVED by the Judgment and award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement as well as questioning the liability foisted on the owner of the vehicle to satisfy the award. Heard the appellant's counsel. No submissions are forthcoming from counsel for the insurer. So far as the liability is concerned, the Tribunal was of the view that it would appear to be a collusion by the claimant with the police and others, since the case against the driver of the tata tempo was not intimated to the Insurance Company. Therefore there is violation of the policy condition. I am unable to accept the same. The Insurance Company was noted at later stage. However only because it was not intimated forthwith, that by itself is not a ground of violation of policy condition. Hence so far as the liability is concerned, same is set aside. The insurer is held liable to satisfy the award.

(2.) SO far as enhancement is concerned, the claimant is said to be a businessman and earning Rs. 6,000/ - per month. The accident is of the year 2004. Following the Judgment of the Hon'ble Supreme Court in the case of RAMACHANDRAPPA vs. THE MANAGER, ROYAL SUNDARAM ALIANCE INSURANCE CO. LTD., reported in AIR 2011 SC 2951, his monthly income is held at Rs. 5,000/ - per month. The Doctor has assessed the disability at 40%. Hence, it will be appropriate to hold the whole body disability at 15%. He was aged 26 years as on the date of accident. Hence, the appropriate multiplier is 17 as held by the Tribunal. Hence, the disability is works out as follows: Rs. 5,000/ - x 12 x 17 x 15% = Rs. 1,53,000/ -