C GOVINDA Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE petitioner in m. V. C. No. 3 of 1995 sustained fracture of both the bones of right leg in a motor vehicle accident. The limb disability is assessed at 20 per cent. The total body disability is assessed at 8 per cent. Petitioner is doing scrap business. His income to be assessed at Rs. 2,000 p. m. The Tribunal has awarded compensation of Rs. 40,000 with interest at 6 per cent from the date of petition till payment. The Tribunal has directed the owner and the insurer to pay the compensation. Petitioner is in appeal seeking enhancement of the compensation.

(2.) ON re-examination of facts and evidence, petitioner is entitled to Rs. 30,000 for pain and agony, Rs. 10,000 for medical expenses and incidental expenses relating to treatment, Rs. 10,000 for loss of amenities and discomfort, Rs. 24,960 (Rs. 160 x 12 x 13) rounded off to Rs. 25,000 for loss of future income on account of disability, rs. 6,000 for loss of income during treatment and Rs. 5,000 for another operation. In all the petitioner is entitled to a just compensation of Rs. 86,000 with interest at 6 per cent from the date of petition till payment as against Rs. 40,000.

(3.) THE insurer had taken a specific plea in the written statement that it has not issued any policy in respect of the vehicle in question on the date of the accident. The petitioner has not furnished policy particulars nor adduced evidence in that behalf. Still, the insurer has satisfied the compensation awarded by the Tribunal.