NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHEETANSHU

JUDGEMENT

(1.) The instant appeal, stands, directed by the insurer of the offending vehicle, against, the award pronounced by the Learned Motor Accident Claim Tribunal (IV), Kangra at Dharamshala, H.P, whereby, the learned Tribunal adjudged compensation, vis-a-vis, claimant. The quantum, of, compensation amount adjudged thereunder, vis-a-vis, the claimant, is, constituted in a sum of Rs.10,98,761.00,and, interest at the rate of 7.5% per annum, is, levied thereon, commencing, from, the date of petition uptill its deposit. Obviously indemnificatory liability thereof, has been fastened, upon the insurer/appellant herein. The Appellant/insurer is aggrieved therefrom, hence, has instituted the instant appeal before this Court.

(2.) The learned counsel appearing for the appellant/insurer, does not contest, the validity of findings rendered, upon, the issue appertaining to the relevant mishap being,a, sequel of rash and negligent manner, of, driving of the offending vehicle, by respondent No.3 herein, nor does he contest, the, validity of the findings rendered by the learned tribunal, upon, the issue appertaining to the fastening, upon, it, of the apt indemnificatory liability.

(3.) However, the learned counsel appearing for the insurer has with extreme tenacity, contended, that in the absence, of, the claimant placing on record, the apt disability certificate, pronouncing therein, (a) the imperative factum qua in sequel to the injuries sustained by the claimant, in, the ill-fated accident, 100% disability standing entailed, upon her person, (b) nor evidence being adduced qua hers earning any income of Rs.3000.00 per mensem, from hers, performing domestic chores; (c) rather hers, on affidavit making an averment qua hers losing an academic year, in sequel, to the injuries being entailed upon her, (d) thereupon, he contends that the afore wants of peremptory evidence, for, hence, succoring, the afore computation, of, her per mensem earning, in a sum, of, Rs.3,000.00, on anvil of it, constituting the value, of, the domestic chores performed by the claimant, (e) besides, the learned tribunal, thereafter concluding, that, given the disability suffered by her, being permanent in nature, hence also adding a multiplier of 18, to the afore figure of per mensem salary, has rather resulted in gross mis-computation, of, compensation by the learned tribunal, under the head "loss of future income".