P.PRAKASH Vs. THANDIVELU

JUDGEMENT

(1.) The claimant in MCOP No.141 of 2006 before the MACT has come forward with this appeal impugning the award to the extent it has absolved insurance company of its liability entirely. He also seeks an enhancement of compensation alongside.

(2.) The brief facts relevant for the purpose are that on 20-09-2005, at about 5.30 am., the claimant was travelling in a mini door auto rickshaw, a goods vehicle, delivering the goods he had earlier accompanied at the destination. The driver of the said vehicle drove it rashly and negligently as a result the vehicle capsized. The claimants suffered multiple fractures that included compound fracture of his left rib, hip, pelvic bone, cheek and head and also suffered amputation of his left leg. He was barely 21 years at that time and he approached the Tribunal with a claim of Rs.7,00,000/- and applying a multiplier of 15 on a notional income of Rs.2,500/-, the Tribunal awarded a sum of Rs.4,50,000/- towards loss of future earning capacity. Including it with other heads of damages, the Tribunal passed an award for a total sum of Rs.5,52,745/- payable with interest at 7.5% p.a. and mulcted the liability entirely on the owner of the vehicle.

(3.) Before the Tribunal, the second respondent, the insurance company of the vehicle in question, has pleaded :