NATIONAL INSURANCE CO. LTD. Vs. CHITRA

JUDGEMENT

(1.) This appeal has been filed challenging the Award dtd. 28/9/2016 (hereinafter referred to as the Impugned Award") passed by the learned Motor Accidents Claims Tribunal, North East, Karkardoom, Delhi (hereinafter referred to as the Tribunal") in MACT Case No.402/2010, titled Chitra v. Mufid Khan and Ors.

(2.) The respondent no.1 herein had filed the above Claim Petition stating that on 31/10/2010, at about 9:25 p.m., she along with her husband, namely Dharmender, and daughter, namely Dristi, were returning back from the house of their relative in a two wheeler scooter bearing no. DL 6ST 7734. The scooter was hit from behind by a truck bearing no. HR 55H 5499. As a result of the accident, the respondent no.1 suffered grievous injuries and same was assessed as 60% disability with respect to the right lower limb. She, in fact, suffered amputation of right leg below knee.

(3.) On the above fact, the learned Tribunal vide the Impugned Award found that the respondent no.1 herein had sustained injuries in the accident due to the rash and negligent driving of the driver of the Offending Vehicle, that is, the truck. On the quantum of the compensation payable to the respondent no.1, the learned Tribunal found that the respondent no.1 has not been able to prove that she was earning member of the family. The learned Tribunal, therefore, awarded the compensation taking the Minimum Wages of a graduate in order to calculate the loss of income. As far as the age of the respondent no. 1 is concerned, it is not disputed that the respondent no.1 was 26 years old at the time of accident. On the question of disability, the learned Tribunal considered 60% of the disability to the whole body for the purpose of calculation of the future loss of income/gratuitous services. It is challenging this head of compensation that the present appeal has been filed.