- (1.) J. C. S. Rawat, J. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 21st March, 2006, passed by the Motor Accidents Claims Tribunal/district Judge, Tehri Garhwal (hereinafter referred as 'tribunal') in M. A. C. No. 31/2004, Smt. Anusuya Devi v. National Insurance Company Ltd. & Anr. , whereby the learned Tribunal had awarded a sum of Rs. 8,20,000/- as compensation alongwith interest thereon at the rate of 6% per annum from the date of filing of the claim petition till the date of payment against the opposite parties/appellant. National Insurance Company Ltd. and Sri Vikram Singh owner of the vehicle jointly and severally. The appellant was directed to deposit the amount of compensation within one month for the date of award.
(2.) BRIEF facts of the case are that the claimant-injured had filed a claim petition before the Tribunal for compensation of Rs. 8,23,600/- alleging therein that on 4th March, 2004 the claimant-injured was going in Vehicle No. U. P. 08/6070. Due to rash and negligent driving of the driver of the vehicle, the vehicle fell into gorge causing grievous injuries on the person of the claimant-injured. It was alleged that the backbone of the injured fractured on account of the injuries sustained by her and the injured was admitted in the hospital and she had spent a lot of money for her medical treatment. It was alleged that due to the injuries, she was not able to do her routine work. It has further alleged that the claimant- injured was earning Rs. 4,000/- p. m. from agriculture and animal husbandry. Thus, the claimant- injured had filed a claim petition before the Tribunal. The Insurance Company contested the claim petition and filed its written statements. The Insurance Company in its written statement denied the allegations made in the claim petition. It was pleaded that the driver of the vehicle was not holding valid driving licence at the time of accident, therefore, the Insurance Company was not liable to pay compensation to the claimant. The respondent No. 2, Vikram Singh, owner of the vehicle did not file any written statement and did not contest the claim petition before the learned Tribunal. 2 Create PDF with GO2pdf for free, if you wish to remove this line, click here to buy Virtual PDF Printer This Software is licensed to: :-REg Copyright Capital Law Infotech On the basis of the pleadings, the learned Tribunal framed necessary issues and ultimately, the learned Tribunal had come to the conclusion that the claimant-injured Smt. Anusuiya sustained the injuries in the accident on 4th March, 2004. The accident occurred due to the rash and negligent driving of the driver of the vehicle. The injured became 100% disabled on account of the injuries sustained by her in the accident. The Insurance Company and the owner of the vehicle were jointly and severally liable to pay the compensation to the claimant. The Insurance Company was given liberty to recover the amount of compensation from the owner of the vehicle, in case, the Insurance Company has any doubt about the validity of the documents of the vehicle.
(3.) THE Tribunal assessed the income of the injured at Rs. 4,000/- per month, i. e. , Rs. 48,000/- per annum. THE learned Tribunal had applied the multiplier of "15" and the amount of compensation was assessed at Rs. 7,20,000/ -. Apart from this, the Tribunal awarded Rs. 1,00,000/- towards medical- expenses (including future medical expenses ). Thus, the Tribunal had awarded a sum of Rs. 8,20,000/- to the claimant-injured as compensation. THE appellant was directed to pay the aforesaid amount to the claimant within one month from the date of award alongwith interest thereon @ 6% p. a. from the date of filing of the claim petition till the date of payment. Feeling aggrieved by this, the appellant-Insurance Company has preferred the present appeal.;