- (1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereafter the 'Act'), at the instance of the appellant/insurer, is directed against an award dated 31st March, 2012 passed by the Motor Accident Claims Tribunal-cum-Additional District Judge, 9th Court, Alipore in Motor Accident Claims Case No. 76 of 2010.
(2.) The said case was registered on an application under Section 166 of the Act presented by the victim of a motor vehicular accident (hereafter the 'claimant'). She suffered serious injury while riding pillion on a motor cycle. A lorry coming from behind in a rash and negligent manner dashed the motor cycle, as a result whereof the claimant fell down on the road. She was immediately removed to R.G. Kar Medical College and Hospital and thereafter, to different hospitals and nursing homes. As a result of the fall, the claimant suffered multiple fractures on her person and allegedly became immobile. Ultimately, she obtained a certificate from a private nursing home certifying that she had suffered 60% permanent physical disablement. Armed with such certificate, the tribunal was approached by the claimant seeking compensation in a sum of Rs. 20,00,000/-.
(3.) Upon considering the pleadings as well as the oral and documentary evidence that were led in course of the trial, the tribunal proceeded to award Rs. 19,73,214/- in favour of the claimant together with interest @ 8% per annum from the date of filing the claim application. In course of assessing compensation payable to the claimant, the tribunal proceeded on the basis that Rs. 1,58,727/- was the annual income of the claimant. The certificate of disability was not entirely accepted by the tribunal and the compensation was assessed as if the claimant had suffered 50% disability. The multiplier of 17 was selected and for pecuniary loss, the tribunal awarded Rs. 18,68,018/-. In addition thereto, Rs. 1,00,196/- on account of medical expenses as well as Rs. 5,000/- towards pain and suffering were awarded, totalling to Rs. 19,73,214/-.;