NATIONAL INSURANCE CO. LTD Vs. KIRTAN SINGH

JUDGEMENT

(1.) Through the medium of this appeal, the National Insurance Company Limited through its Senior Divisional Manager, Divisional Office-I, Shalimar Road, Jammu (hereinafter referred to as "Insurer"), has assailed the award dated 31st December, 2008 passed by learned Motor Accident Claims Tribunal, Jammu in terms whereof respondent No.1 herein, (for short, "the claimant") has been held entitled to compensation of Rs.5,76,545/-(Rupees five lac seventy six thousand five hundred and forty five only) on account of 20% permanent disability suffered by the claimant in a road traffic accident involving the offending vehicle. The award has been assailed as being inflated overlooking the structured formula embodied in Section 163-A, Motor Vehicles Act, 1988. Apart from this, learned Tribunal is said to have saddled the Insurer with liability to pay the awarded amount to claimant and recover the same from the insured/owner without considering the import of order dated 22nd February, 2008, in terms whereof the report/certificate issued by the licensing authority qua non issuance of driving license in favour of respondent no.4 was held admissible in evidence in terms of Section 74 of Evidence Act and proof thereof was dispensed with.

(2.) Heard the rival sides and perused the Record.

(3.) Learned Tribunal has assessed loss of future income at Rs.1,80,000/- (Rupees One lac and eighty thousand only), which in wake of claimant having sustained 20% permanent disability at an admitted age of thirty years cannot be termed excessive. The compensation awarded for medical/transportation expenses is based on assessment made on consideration of medical bills procured from Ludhiana, where the claimant had got treatment in CMC, Hospital. In absence of any cogent reasons, there appears to be no justification for interfering with the same. However, finding on Issue No.3 cannot be supported. Issue No.3 reads as under;