SANDEEP Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The aforesaid two appeals are against the award of compensation dated 14.01.2019 passed by the learned MACT in MAC Petition No. 393/17. The insurer seeks reduction of the quantum of compensation while the claimant seeks enhancement of the same. The head-on collision between two motorcycles resulted in the claimant's loss of one eye. It is the insurer's case that the head-on collision was on account of drunken driving by the injured. The MLC itself records that there was smell of alcohol in his breath, however, the extent of alcohol in his blood was not examined. Therefore, it could not be established that it was a case of drunken driving or that he was necessarily at fault in the accident.

(2.) According to the DAR, the rider of the offending motorcycle was under the influence of the alcohol. This issue has been dealt with in the impugned order as under:

(3.) In effect, there are counter allegations of both the motorcyclists being under the influence of liquor. However, there is no evidence in support of the allegations, therefore, it cannot be presumed that either of them was under the influence of alcohol. There is no conclusive evidence as to what was the percentage of alcohol in blood or whether such percentage was beyond the permissible limits. The injured claimant has been awarded an amount of Rs. 12,11,112/- towards 'loss of future income' on the basis that his loss of one eye would be deemed to be 100% functional disability. The impugned order has dealt with the issue as under: