PRABEESH Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) These appeals are preferred against the award in OP(MV) Nos.1069/2010 of the Addl. Motor Accidents Claims Tribunal-I, Vadakara. The learned Tribunal awarded Rs. 31,52,020/- with 9% interest and proportionate cost as compensation to the victim in the above case. Being dissatisfied by the award amount, M.A.C.A No.1495/2016 was preferred by the injured and M.A.C.A No.387/2016 was preferred by the insurer.

(2.) There was no dispute in the lower court about the accident. The claimant's case was that on 27.06.2010 at 4.30 pm, he was travelling as a pillion rider in KL-18D 8764 from Vatakara to Kainaty, when he reached near Ash Hospital, a lorry MH-12/DT 4426 came in a rash and negligent manner and hit against the motor cycle, as a result he sustained serious injuries. Immediately, he was removed to hospital. The driver and owner of the vehicle were set ex-parte. The insurer admitted the insurance of the vehicle. The claimant was examined as PW1 and his documents were marked as Exts.A1 to A15. The disability certificates were marked as Exts. C1 and C2. Respondents did not adduce any evidence.

(3.) The learned counsel appearing for the appellant in M.A.C.A No.387/2016 (the insurer) contended that huge amount was awarded by the Tribunal in this case. The income taken by the Tribunal for assessing permanent disability was Rs. 15,000/- and disability was taken at 80%. Moreover, Rs. 1,80,000/- was awarded towards loss of income. The injured is entitled to get loss of income from the date of injury upto the date of filing of the claim petition, that is only for four months.