UNITED INDIA INSURANCE CO LTD Vs. PARKASHO DEVI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India and appeal have been preferred by the Insurance Companies viz. United India Insurance Company and National Insurance Company against the judgment and award of the learned Motor Accident Claims Tribunal, Hamirpur in the claim petition preferred by Smt. Parkasho Devi aged about 45 years who was travelling in bus No.HP -21 -2872. The pleading is that on 24th May, 2006, she was travelling in this bus from Patta to Bhota. At around 2.30 PM, when this bus reached near village Balokhar, another bus No. HP -67 -0963 owned by Vinay Puri and driven by Yog Raj driver came from the opposite side and crushed the right arm of the claimant. Both the buses were driven in a rash and negligent manner without any care for the safety of the passengers. Two insurance companies i.e. United India Insurance Company Ltd and National Insurance Company Ltd. were insurer(s) of these buses. The accident occurred while pass was given by one bus to the other when both the drivers acted in a cavalier manner. The petitioner claimed that she was earning Rs.5000/ - per month by selling milk, doing agricultural and house -hold work. After the accident, she had been traumatized and is unable to do any work.

(2.) THE petition was resisted by the owners, drivers and the insurance companies on a number of grounds. Ten issues were settled before the learned Tribunal. The first one being crucial was as to whether the accident in question took place because of the rash and negligent driving of both the buses. On the question of compensation, the learned Tribunal on the evidence awarded a sum of Rs. 7,38,539/ - to the claimant on the finding that she had suffered 75% permanent disability according to the disability certificate proved on record as Ext.PW6/A. The evidence on record was that she remained admitted in Regional Hospital, Hamirpur as indoor patient from May 24, 2006 from where she was referred to the PGI Chandigarh for further treatment where she remained hospitalized from September 22, 2006 to October 3, 2006, in IGMC Shimla from February 9, 2007 to April 5, 2007, in Sri Guru Teg Bahadur Hospital, Amritsar from May 18, 2007 to June 19, 2007. She had incurred an expenditure of Rs. 1,61,413/ - for medical treatment etc. The learned Tribunal also took into consideration and relied upon the evidence of PW3 Dr. Dinesh Thakur, Ortho Surgeon at Regional Hospital, Hamirpur proving treatment and discharge slips Ext.PW3/A. PW4 Shri Amar Singh, Record Keeper from Sri Guru Teg Bahadur Hospital, Amritsar has proved the original record of treatment of the petitioner and discharge certificate Ext.PW4/A. He states that the petitioner was readmitted in the hospital on May 18, 2007 and discharged on June 19, 2007 recorded in discharge certificate Ext.PW4/B. PW5 Tarsem Singh the Senior Clerk from the Department of Medical Record, CMC, Ludhiana proved the hospitalization of the petitioner from May 25, 2006 to June 6, 2006.

(3.) ON the other issues raised by the Insurance Companies regarding the maintainability, valid driving licence, and violation of the terms of the policy, the learned Court did not find any evidence on record. The learned Tribunal while computing the loss of earnings, fixed the income of the petitioner at Rs. 3000/ - per month. It holds that a sum of Rs. 2250/ - per month or say Rs. 27,000/ - per annum would be a fair estimate of the loss incurred. The multiplier adopted by the learned Court was 13 and the total loss calculated at Rs. 3,51,000/ -. On the question of hospitalization and treatment the learned Tribunal holds that it was established on record that she remained hospitalized in different hospitals for 114 days. The learned Tribunal assessed a sum of Rs. 13,680/ - as the claim for loss of earning during hospitalization, Rs. 2,09,168/ - as medical expenditure, in addition a sum of Rs. 1011/ - for traveling etc. For shock, pain and suffering and loss of amenities, the learned Tribunal awards a sum of Rs.1,50,000/ -, in all a sum of Rs. 7,38,539/ - has been awarded.