ORIENTAL INSURANCE CO LTD Vs. ANANDA

JUDGEMENT

(1.) The Insurer has taken permission under Section 170 of the Motor Vehicles Act and has filed this appeal seeking avoidance of liability on the ground that the cleaner is not covered under the policy and also challenged the quantum.

(2.) The petitioner in MVC No.128/1999 is a cleaner in a public service bus. He sustained fracture of acromial end of left clavicle and fracture of ulna on the right fore arm. The total body disability to be assessed at 5%. The income of the petitioner to be assessed at Rs.2,000/- per month.

(3.) Petitioner is entitled to a sum of Rs.40,000/- for pain and agony, Rs.10,000/- for medical and incidental expenses, Rs.10,000/ - for loss of amenities and discomfort, Rs.20,400/- (100 X 12 X 17) for loss of future income on account of disability and Rs.6,000/- for loss of income during laid up period. In all the petitioner is entitled to a compensation of Rs.86,400/- with interest at 6% p.a. from the date of petition till payment as against Rs.1,56,600/- with interest at 8% p.a. awarded by the Tribunal.