ORIENTAL INSURANCE CO LIMITED Vs. YADAVA SANIL

JUDGEMENT

(1.) HEARD the learned counsel appearing on both sides.

(2.) THE appellant is respondent No. 2 in m. V. C. No. 374 of 1998 on the file of the M. A. C. T.-IV, Mangalore (for short 'the M. A. C. T. ') filed under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act' ). In the said claim petition, the respondent-claimant claimed total compensation of Rs. 10,00,000 from the owner and insurer of the vehicle on account of the personal injuries suffered by him in an accident that occurred on 20. 4. 1997. Accordingly, the M. A. C. T. allowed the claim petition awarding compensation of rs. 4,78,000 together with interest at 6 per cent per annum. Feeling aggrieved by the said judgment and award passed by the claims Tribunal, appellant has filed this appeal mainly on the ground that though the respondent-claimant has not produced cogent evidence to prove his income, the tribunal has come to a wrong conclusion in awarding compensation of Rs. 3,65,400 under the head 'loss of future earnings'.

(3.) THE brief facts leading to the filing of this appeal be noted in the first instance briefly and they are as follows: the respondent-claimant was a cleaner. On 20. 4. 1997 at about 6. 30 a. m. he was in a lorry bearing registration No. KA 19-9430 and the said lorry was proceeding from Ahmedabad. When the said lorry which was driven by its driver in a rash and negligent manner with high speed came near Nandagada Beedi High School, the driver lost his control over the said lorry and as a result he dashed against the standing tree and due to the impact, respondent-claimant sustained grievous injuries and also multiple fractures and, therefore, he was admitted to the District Hospital, Bel-gaum where he has undergone treatment as an inpatient in the said hospital from 24. 6. 1997 till his discharge. According to respondent-claimant, he being a cleaner of the lorry was getting a salary of Rs. 2,900 p. m. with Rs. 30 per day as batta.