NATIONAL INSURANCE COMPANY LTD Vs. TAJ TAPPA

JUDGEMENT

(1.) THIS Appeal is directed against a judgment dated 05.04.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.14,52,000/- was awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 22.11.2004.

(2.) ON the fateful day (i.e. 22.11.2004), the first Respondent was alighting from bus No.DL-IPB-5116. He was the last person to get down. While the first Respondent was in the process of getting down from the bus, its driver Kishan Singh (Respondent No.2) suddenly started the bus. As a result of the jerk, the first Respondent fell down and suffered crush injury resulting into amputation of his left leg below knee.

(3.) FIRST, that the Respondent No.1 himself was under the influence of liquor and thus, he must have fallen from the bus on his own without there being any negligence on the part of the bus driver. Second, that the compensation awarded towards loss of earning capacity is excessive. There should have been deduction of one-third towards the personal and living expenses. Reliance is placed on New India Assurance Company Ltd. v. Charlie & Anr., (2005) 10 SCC 720.