NEW INDIA ASSURANCE CO LTD Vs. DEEPTI KAUR

JUDGEMENT

(1.) THESE two Appeals arise out of a common judgment dated 02.12.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.1,83,000/- and Rs.1,89,000/- was awarded in MAC APP.245/2012 and MAC APP. 246/2012 respectively. The same is extracted hereunder in a tabulated form:- Sl. Compensation under Awarded in Awarded in various heads Petition Petition No. No.657/2010 No.622/2010 (MAC APP (MAC APP 245/2012) 246/2012) 1. Medical Expenses Rs.86,000/- Rs.84,000/- 2. Pain & Suffering & Rs. 25,000/- Rs. 25,000/- Enjoyment of Life 3. Special Diet, Attendant & Rs. 30,000/- Rs. 30,000/- Conveyance Charges 4. Loss of Income Rs. 42,000/- Rs. 50,000/- Total Rs. 1,83,000/- Rs. 1,89,000/-

(2.) THE grounds of challenge are that the negligence on the part of Respondent No.2 was not proved. Rather, according to the learned counsel for the Appellant it was a case of head on collision and thus, there was contributory negligence. It is stated that the compensation of Rs.42,000/- and Rs.50,000/- respectively towards loss of income and Rs.30,000/- towards special diet, Attendant charges and conveyance charges is excessive and exorbitant.

(3.) THE Claimants' testimonies that the Second Respondent suddenly took a U turn remained unchallenged and unrebutted. The Second Respondent did not enter the witness box to give his version of the accident. The fact that the Second Respondent took a U-turn and hit the car speaks volumes for Respondent No.2's negligence in driving the heavy vehicle like a dumper. I do not find any ground to interfere in the finding on negligence reached by the Claims Tribunal.