VED KUMAR CHOPRA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THE present appeal is filed by the claimant under Section 173 of the Motor Vehicles Act, 1988 claiming enhancement of compensation awarded as per award dated 26.11.2007. Respondent No. 1 Insurance Company had also filed an appeal MAC.APP.92/2008. These two appeals were heard together. MAC.APP.92/2008 was limited only to the issue of recovery rights against the driver and owner of the offending vehicle and was dismissed by this court vide judgment dated 24.09.2014.

(2.) THE brief facts already elaborated in the judgment dated 24.09.2014 read as follows: -

(3.) I will first deal with the two submissions pertaining to calculation of compensation due to wrong multiplier and future prospects. A perusal of the Award shows that the Tribunal noted that disability certificate Ex.PW -1/6 shows that the appellant had suffered permanent disability to the extent of 30%. Based on this the Tribunal has assessed the functional disability at 15%. The Tribunal noted that the claimant was 55 years of age but as the appellant was working as a Manager with Bank of India, Panchsheel Marg, Delhi it noted that there is no evidence on record to establish that there is any effect on the job of the appellant. In view of the testimony of the appellant that he intends to start a consultancy services in finance after his retirement, the Tribunal noted that he would be entitled to compensation under this head of loss of income. Based on this the Tribunal used the multiplier of 8 given as per Second Schedule of the M.V.Act. The appellant was earning Rs. 13,488/ - at the time of accident. Based on the same, using a multiplier of '8' and based on a disability of 15%, the Tribunal awarded loss of income due to permanent disability at Rs. 1,94,227/ -.