CHANDRA BABU Vs. ANEESH

JUDGEMENT

(1.) THIS appeal is filed by the appellant challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal ('the Tribunal', for short) in an application filed by him under Section 166 of the Motor Vehicles Act ('the MV Act', for short). According to the appellant, he sustained injuries in a road traffic accident on 30.8.2003 at about 2.30 p.m while the scooter on which he was a pillion rider was hit by a lorry driven by the 1st respondent. The lorry was driven in a rash and negligent manner by the 1st respondent driver. Second respondent is the owner and 3rd respondent is the insurer. They are liable to pay a total compensation of Rs.1,63,096/-.

(2.) THE 1st and 2nd respondents remained ex parte before the Tribunal. THE 3rd respondent filed a written statement disputing the age, occupation, income etc. THE fact that the lorry was insured with the 3rd respondent is admitted. According to the 3rd respondent, accident occurred due to the negligent driving of the scooter and there were three passengers on the scooter.

(3.) THEREFORE, appellant must have sustained a total loss of earnings for a period of 11 months. Since he did not earn anything during this period, there will be no justification in deducting any amount towards personal expense from the income while assessing the loss of actual earnings. THEREFORE, appellant is entitled for compensation of Rs.2,500 x 11=27,500 towards loss of earnings. Deducting the amount which is already granted (Rs.14,666), the additional compensation payable towards loss of earnings will be Rs.12,834/.