RELIANCE GENERAL INSURANCE COMPANY LTD. Vs. RAJVEER SINGH

JUDGEMENT

(1.) Heard Sri S. K. Mehrotra, learned counsel for the appellant and Sri Namit Kumar Sharma, learned counsel appearing on behalf of claimant-respondent.

(2.) This is an appeal by the Insurance Company. The appellant is an insurer of Car No. D.L.7 C.D. 3598. While Rajveer Singh was standing near a Triangular crossing on 3.10.2010 at about 2-30 p.m. the said vehicle hit Rajveer Singh, which caused grievous injuries. As a result of the accident, his right leg below thigh and above knee has been amputated. The Medical Board consisting of one of the Orthopedic Dr. J. K. Mehrotra has approved the disability to the extent of 73% and issued a certificate of disability in this regard. The said certificate has also been certified by the Board Incharge Dr. P. K. Gupta. Dr. J. K. Mehrotra was examined. He certified the disability to the extent of 73%. The Tribunal has taken the age of the injured at 42 years. The Tribunal has taken the average income of Rs. 1,44,000.00 per annum on the basis of the income tax returns filed for the assessment years 2008-09, 2009-10 and 2010-11 which appears to have been filed on 19.1.2010 much before the date of the accident. The income has been shown for the assessment year 2008-09 at Rs. 1,08,000.00, for the assessment year 2009-10 at Rs. 1,56,000.00 and for the assessment year 2010-11 at Rs. 1,68,000.00. The Tribunal has taken the average income of the aforesaid three years at Rs. 1,44,000.00. The Tribunal has accepted the permanent disability to the extent of 70% and after applying multiple of 12 times, estimated the compensation at Rs. 12,09,600.00. Apart from the aforesaid amount, the Tribunal has awarded the amount spent in the treatment. The Tribunal accordingly awarded the total compensation at Rs. 12,58,422.00.

(3.) Learned counsel for the appellant submitted that Part II Schedule I of the Workmen's Compensation Act provides the percentage of loss of earning capacity in the case of injury. It should be adopted for the purposes of determination of the income loss under Sec. 163A of the Motor Vehicles Act. He submitted that the case of the appellant is covered by serial No. 19 and not by serial No. 18. Serial No. 18 provides amputation below hip with stupm not exceeding [12.70 Cms.] in length measured from tip of great trenchanter but not beyond middle thigh to the extent of 70%. Serial No. 19 provides amputation below middle thigh to [8.89 Cms.] below knee 60%. The disability certificate reveals that the amputation is beyond middle thigh and, therefore, 70% loss of earning capacity cannot be taken and it should be 60%.