UNITED INDIA INSURANCE COMPANY LIMITED Vs. HASHIM

JUDGEMENT

(1.) The appellant-Insurance Company is concerned with the award made on account of an injury caused in an accident. The specific challenge is to the compensation for loss of earning power granted at Rs. 1,00,000/-. The learned Senior Counsel has also raised a challenge to the compensation awarded for shock, pain and sufferings as also loss of amenities and enjoyment in life.

(2.) The injured was a pedestrian, who was hit by a car which was covered by a valid insurance policy. The injured, who is the respondent herein, claimed before the Tribunal that he was the owner of a stage carriage and was also its driver. A total income of Rs. 15,000/- per month was claimed. The Tribunal, considering the employment as a driver, fixed the income at Rs. 10,000/-, taking a daily wage of Rs. 750/- for 15 days, which is the maximum period of employment of a driver in a stage carriage. The Tribunal having found that there is no disability certificate produced, fixed the lump sum compensation at Rs. 1,00,000/-.

(3.) The learned Counsel for the respondent-injured submits that in fact an application was made before the Tribunal for medical examination, which was also allowed. The Tribunal, however, did not wait for the medical board's opinion. The claimant, hence, seeks for a remand on that count.