ASHOK KUMAR Vs. VIVA INTERNATIONAL

JUDGEMENT

(1.) The present appeal preferred by the claimant under Sec. 173 of the Motor Vehicles Act, 1988, seeks to assail the award dtd. 26/7/2019 passed by the learned Motor Accidents Claims Tribunal in MACP No.1546/2016 insofar as it relates to the quantum of compensation.

(2.) Vide the impugned award, the learned Tribunal has, after taking into account that the appellant is suffering from 100% permanent physical disability, as a result of the injuries sustained by him on account of the accident with the insured vehicle, has awarded him compensation of a sum of Rs.19,98,000.00 along with interest @9%. The said compensation has been awarded under the following heads:- <FRM>JUDGEMENT_194_LAWS(DLH)3_2023_1.html</FRM>

(3.) In so far as the factual matrix of the matter is concerned, the parties are ad idem that the accident took place on 16/3/2012 on account of rash and negligent driving on the part of the driver of the insured vehicle. When the fateful accident took place, the appellant was about 51 years of age and his annual income, after making deductions towards the income tax, was found to be Rs.1,90,424.00 and, accordingly, his monthly income was assessed as Rs.15,868.00. It is also undisputed that the learned Tribunal has accepted that on account of the injuries suffered by him, the appellant requires the constant assistance of an attendant as he cannot even move on his own. Despite the physical disability of the appellant having been accepted as 100%, the learned Tribunal has taken his functional disability as 50% and accordingly granted him compensation towards "Loss of Future Income/prospect" by taking into account 50% of his monthly income. Furthermore, as against his claim for 'Attendant Charges' for life, the learned Tribunal has awarded the appellant 'Attendant Charges" only for a period of one year. Being aggrieved, the appellant has approached this Court seeking enhancement of the compensation.