UNITED INDIA INSURANCE CO LTD Vs. PERITOSH PANT

JUDGEMENT

(1.) This is an appeal by insurer under Section 173 of Motor Vehicles Act against an award making it liable to pay the compensation.

(2.) On 25.11.1989 claimant, a third year Engineering student, aged about 20 years, was moving on Haldwani-Kathgodam Road when a truck bearing registration No. USR 9502 caused accident, as a result of which claimant sustained multiple injuries. Effect of the injuries is that claimant lost one year of his study to attain his degree one year late and his leg was shortened by 2 1/2". Medical expert has been examined in this case. He has stated that disability on account of the injuries is 60 per cent. Taking into consideration these aspects of the matter and the continuance of disability in future permanently, Tribunal has awarded Rs. 4,80,000/-for future pecuniary loss, Rs. 20,000/- towards pain and suffering and Rs. 77,000/-for medical expenses although claimant demanded compensation of Rs. 10,00,000.

(3.) On perusal of the judgment of the Tribunal, we are satisfied that determination of quantum is based on surmises and after assuming certain circumstances which could have been proved by evidence. Though Evidence Act is not strictly applicable in a proceeding before Tribunal and reasonable guess- work is permissible, to come to a conclusion that a Mechanical Engineer who has got good career may be selected in educational premises which is based on surmises without material support, is not warranted. Equally, it could not have been said that the claimant would have been engaged by the State Government as an engineer immediately. Employment by State Government depends on number of vacancies available for which applications were to be invited by Public Service Commission for recruitment for which appointment of the claimant may be delayed. It may also be refused in case appellant has reported previous misconducts or otherwise. Thus, facts and circumstances which could have proved, should not be utilised by Tribunal basing on surmises.