NATIONAL INSURANCE CO LTD Vs. NITIN

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 30.6.2009, passed by Motor Accidents Claims Tribunal, Sonkutch, Distt. Dewas, in Claim Case No. 3 of 2007.

(2.) The respondent No. 1 on 10.8.2005 was travelling in Maruti van No. 41-0468 owned by him when van had turned turtle and respondent No. 1 had received injuries in the accident. He had filed the claim petition before the Tribunal and the Tribunal by the impugned award found that the respondent No. 1 had suffered permanent disability to the extent of 20 per cent in reference to the whole body. The Tribunal found his monthly income as Rs. 3,000 and assessed his age as 22 years and applied the multiplier of 17. Thus, keeping in view the age, income and extent of permanent disability, the Tribunal calculated the loss of income due to the permanent disability as Rs. 1,22,400. The Tribunal awarded following sums under the different heads: <FRM>JUDGEMENT_1793_ACJ_2011_1.html</FRM>

(3.) Learned counsel appearing for the appellant submitted that since the respondent No. 1 was the owner of the vehicle, therefore, in terms of the policy condition the liability of insurance company arises only in case of death or loss of limb, but not in a case of partial permanent disability. He further submitted that the amount, which has been awarded by the Tribunal is on the higher side.