TATA AIG GENERAL INSURANCE COMPANY LTD Vs. VASANTHI

JUDGEMENT

(1.) The challenge in this civil miscellaneous appeal is to the award of the Motor Accident Claims Tribunal, granting compensation of Rs. 21,05,760/- for the injuries suffered by the claimant in a motor accident that occurred on 4.6.2014. Inasmuch as the claimant was travelling in a Government bus, the question of negligence is not seriously disputed by the learned counsel for the Insurance Company. Though the claimant had stated that she was working as a tailor and earning about Rs. 18,000/- per month, finding that there is no concrete evidence to show the income, the Tribunal has taken the notional income at Rs. 6,500 p.m. Adding 30% towards future prospects and adopting multiplier of 13, the Tribunal worked out the future loss of income at Rs. 10,54,560/- on the premise that loss of earning power would be 80%. The Tribunal also granted a sum of Rs. 2,40,000/- for continuing disability, Rs. 80,000/- for pain and suffering, Rs. 7,800/- towards loss of income, Rs. 10,000/- towards transport charges, Rs. 50,000/- towards extra nourishment, Rs. 2,000/- towards damage to clothing, Rs. 13,400/- towards medical expenses, Rs. 80,000/- towards mental agony and Rs. 4,68,000/- towards attender charges and Rs. 1,00,000/- for shortening of life expectancy, and thus arrived at a total compensation of Rs. 21,05,760/-. Terming the compensation as excessive, the Insurance Company has come up with the appeal. The claimant has filed cross objection seeking enhancement.

(2.) We have heard Ms.A.Subadra, learned counsel for the appellant and Ms.Harini, for the 1st respondent/claimant.

(3.) The second respondent in the appeal, who is the owner of the offending lorry has remained exparte before the Tribunal and hence notice in the appeal is dispensed with.