NEW INDIA ASSURANCE CO. LIMITED Vs. PAWAN SAMADHIYA

JUDGEMENT

(1.) This order shall govern the disposal of both the Misc. Appeals (Misc. Appeal Nos.83/2021 and 714/2021).

(2.) Brief facts of the case are that on 10/5/2013 when the claimant was going towards Balaji Dham Temple on his motorcycle, driver of the Bus No.MP33 P 0886 Shyambabu Sharma by driving the bus rashly and negligently dashed the motorcycle, due to which claimant got injured. His right leg was amputated. As per the claimant, he was running a travel agency and also doing some work of RTO office. Due to accident, he has become invalid. He filed an application for compensation under Sec. 166 of the Motor Vehicles Act and produced his evidence along with medical evidence and bills of treatment and estimate of artificial leg of Endolite India Ltd. of Rs.18,15,555.00. The offending vehicle was insured with New India Insurance Company Shivpuri. Driver of the offending vehicle was Shyambabu Sharma and its owner was Madan Shejwar. Before the Claims Tribunal, driver Shyambabu Sharma remained ex-parte and owner of the vehicle contested the case. After evidence learned Claims Tribunal partly allowed the application of the claimant Pawan Samadhiya and passed an award in his favour to the tune of Rs.26,51,938.00 by considering the income of the claimant to be Rs.5,000.00 per month because he could not produce any documentary evidence in support thereof. Being aggrieved by the award, claimant has filed M.A.No.714/2021 and Insurance Company has filed M.A.No.83/2021.

(3.) Learned counsel for the claimant submits that income of the claimant has been assessed by the Claims Tribunal as Rs.5,000.00 per month which is on lower side. Tribunal has not considered the estimate of artificial leg of Rs.18,15,555.00 which he has filed. It is further submitted that Claims Tribunal has awarded rate of interest at the rate of 4% per annum while it should be 6% per annum.