ORIENTAL INSURANCE CO LTD Vs. ASHWINDER SINGH

JUDGEMENT

(1.) The Insurance Company is under appeal against the award dated 10.11.2005 where the claimant- respondent is found to have suffered 100 percent disability. The Tribunal has found it as a fact that on 5.6.1999 at about 6.10AM the accident has been caused by rash and negligent driving of Tata Sumo by its driver Amrik Singh (respondent no.2). The claimant- respondent no.1 Ashwinder was 19 years old at the time of accident. The claimant- respondent had suffered 100% disability (Ex.P.22) and he had qualified first semester of Bachelor of Computer Application course (BCA). However, on account of accident he was not able to qualify IInd, IIIrd and IVth semesters.

(2.) The anticipated income of the claimant- respondent has been considered to be Rs.4500/- p.m. and multiplier of sixteen has been applied (4500 x 12 x 16 = 8,64,000) It has been found that on account of the 100 percent disability the claimant- respondent was entitled to the following amount: <FRM> (a)Disability qua whole Rs.8,64,000/- body to the extent of 100 % (b) For attendant charges Rs. 18,000/- (c) For medical treatment Rs. 63,000/- (d)Additional amount for medical Rs.30,000/- treatment (e)Special diet Rs.20,000/- f) Pain and sufferings Rs.40,000/- Total Rs.10,35,000/- </FRM>

(3.) The validity of driving licence or its forgery was an issue raised by the Appellant- insurance company. As no evidence was adduced the Tribunal decided issue no.3 against the Appellant- insurance company by observing as follows: FAO 1318 of 2006 2