NATIONAL INSURANCE COMPANY LTD. Vs. HASMUKHBHAI KADIDAS PATEL

JUDGEMENT

(1.) The appellant-Insurance Company has challenged the judgment and award dtd. 30/6/2017 passed by the learned 8th Additional District & Sessions Judge, Abd (Rural) at Mirzapur in MACP no.1148 of 2004.

(2.) Learned advocate Mr. Palak Thakkar for the appellant submits that the learned Tribunal has failed to observe that the accident occurred between two motorcycles, which had resulted into head on collusion and therefore, negligence of 50% was required to be attributed to both the motorcyclists and thus, states that the insurance Company has challenged the negligence aspect. Mr. Thakkar submits that the learned Tribunal ought to have considered that there would not be any loss of income or actual loss of income since the claimant is a Government servant and in the cross-examination, the claimant had admitted that while serving as a Head Clerk at Sarv Vidhyalaya, Gandhinagar, he had not suffered any loss of income and during the time when he had stayed for 3 months at home, his income continued and further as per the evidence, there was continuous increase in his salary. Thus, Mr. Thakkar submits that the amount has been wrongly assessed under the head of future loss of income and actual loss of income.

(3.) Countering the same, Advocate Mr. Joshi submits that the learned Tribunal had failed to observe that the claimant had suffered 72% permanent partial disability and was serving as a Head Clerk and thus, submits that the amount under the head of loss of amenities of life has not been considered by the Tribunal. Mr. Joshi submits that for about 3 months, he could not attend his job and has suffered pain, shock and suffering. He was assisted by the attendants to deal with the day to day work, but the amount has not been granted under such heads.