K. Kannan, J. - (1.) RESPONDENT Nos. 1 and 2 had not been served. Notice to respondent Nos. 1 and 2 is dispensed with since the Insurance Company is represented through counsel and it has been made liable.
(2.) THE appeal is for enhancement of compensation for injuries suffered in a motor accident. It was a case of collision between the scooter and the truck. The claimant was a pillion rider. The Court found that the collision of vehicle from opposite direction must be taken as a mere chance accident and assessed a compensation on 'No fault basis' at Rs. 7500/ -. I find the assessment to be erroneous. The vehicle coming from the opposite direction dashed against the scooter and the pillion rider was injured. It must be taken as a case of composite negligence and he had a right to enforce the claim against the owner of any one of the vehicles but no part of the claim could have been subject to rejection of assessment when there was a sure case made for determination of just compensation under Sections 166 and 168 of the Motor Vehicles Act. I set aside the finding regarding the assessment of compensation only on 'No fault basis' and find that the owner of the truck and insurer shall be liable for whole of the amount. If the driver had been guilty of negligence in causing the accident which was a case of composite negligence for the claimant. He was a doctor by profession and stated to have 25% disability arising out of fracture of femur and tibia. The medical evidence was that the fracture had been united while there was a shortening of the limb by 1" and there was stiffness of the joint. The tribunal took the disability as having resulted loss of earning capacity as well and applied a multiplier of 16 and held 72,000/ - as loss of earning capacity. I will make no such assessment for loss of earning capacity but I will only take relative stiffness of joint to yield to loss of amenity to which I will assess Rs. 20,000/ -. I will re -work the compensation and tabulate the various heads of claim as under: -
(3.) THERE was also a damage to the scooter and the bill was said to have been produced but copy of which is not available for verification. I would take the damage to the scooter to have been at least 500/ - and determine a compensation aggregate of all heads at 60,100/ -. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment.;