UNITED INDIA INSURANCE CO. LTD Vs. BADRILAL

JUDGEMENT

(1.) This is an appeal by the Insurance Company against the award dated 19th March, 2007 passed by the 8th Additional Motor Accident Claims Tribunal (Fast Track) Ujjain in claim case No. 55/06, disputing the quantum of compensation awarded by the Tribunal.

(2.) The respondent No. 1 Badrilal had suffered injuries in motor accident which had taken place on 13rd May, 2003, therefore, he had filed the claim petition before the Tribunal and the Tribunal by the impugned award found that respondent No. 1 had suffered permanent disability to the extent of 60% in the left leg. The Tribunal assessed the income of respondent No. 1 as Rs. 36,000.00 per annum and found the age of respondent No. 1 at the time of accident as 50 years and applied the multiplier of 13. Thus, keeping in view of the annual income and the 60% disability suffered, the Tribunal found the future loss of income Rs. 2,81,000.00. The Tribunal further awarded a sum of Rs. 5,500.00 for loss of income during the treatment period, Rs. 5,000.00 for special diet, Rs. 2,500.00 for the transportation charges and Rs. 10,000.00 for mental and physical pain and suffering. The Tribunal awarded a sum of Rs. 52,712.00 for actual medical expenses. Thus, the Tribunal awarded a total sum of Rs. 3,56,712.00 (round figure Rs. 3,56,800.00) alongwith the interest at the rate of 6% from the date of application.

(3.) Learned Counsel appearing for the appellant submitted that the Tribunal has found the permanent disability of 60% in respect of particular limb, but has committed an error in treating the said disability in reference to the whole body, therefore, the quantum of compensation awarded by the Tribunal is on the higher side.