NATIONAL INSURANCE CO LTD. Vs. SANTOSH & ORS

JUDGEMENT

(1.) Impugned Award grants compensation of Rs. 4,65,520.00 with interest to respondent-claimant in respect of grievous injuries suffered by one Santosh in a road accident on 27th April, 2004. In the above-captioned first appeal, reduction of compensation is sought whereas in the above-captioned second appeal, enhancement of compensation is sought. Since these two appeals arise out of common impugned Award of 27th Aug., 2008, therefore, with the consent of learned counsel for the parties, these appeals are heard together and are being disposed of by this common judgment.

(2.) The factual matrix of this case already stands noted in the opening paragraph of impugned Award and so, it needs no reproduction. Suffice to note that as per Disability Certificate (Ex.P-2), the disability suffered of lower limb is to the extent of 60% due to paraparesis. The injured, a driver by profession, was aged 25 years at the time of accident and was earning Rs. 3,320.00 per month and by applying the multiplier of 17, 'loss of earning capacity' is taken by learned Tribunal to be Rs. 4,03,920.00. Under the other Heads, Rs. 39,600.00 towards 'loss of income for a period of one year, Rs. 15,000.00 towards 'Medical Expenses' and Rs. 7,000.00 towards 'Pain and Suffering' has been granted by learned Tribunal. On the basis of the evidence led by the parties, impugned Award has been passed. As per order of 13th July, 2009, service is complete. Respondent No.2-owner remains unrepresented.

(3.) In the above-captioned first appeal, the challenge to impugned Award by learned counsel for appellant-Insurer is on the ground that respondent-injured was an employee of respondent-owner and was liable to be compensated under the Workmen's Compensation Act and so, as per Sec. 167 of the Motor Vehicles Act, the liability to pay the compensation awarded ought to be restricted to the extent as provided under the Workmen's Compensation Act. To submit so, reliance is placed upon Supreme Court's decision in National Insurance Co. Ltd. Vs. Prembai Patel and others, II (2005) ACC 361.