UNITED INDIA INSURANCE COMPANY LTD CHENNAI Vs. D BABU

JUDGEMENT

(1.) FOR the injury sustained by one Babu/petitioner on 23.01.1995 in a motor accident, he has filed compensation application. After testing the evidence of PWs.1 & 2 and RW.1 and Exs.P1 to P10 and Exs.B1 to B9, the Tribunal awarded a sum of Rs. 5,24,000/- as compensation. Against which the Insurance Company has filed the appeal and the petitioner/claimant has filed Cross objection.

(2.) THE vehement contention of the appellant/Insurance Company is that the finding of liability on the appellant is incorrect. He further submits that the Tribunal has failed to note that the van was not insured with the appellant at the time of the accident and the same was insured with the appellant only from 23.01.1995 at 02.15 p.m. and there was no policy covering the vehicle at 10.00 a.m. on that day. Questioning the liability on the face of the coverage of timing, the present appeal has been filed. It is not in dispute that the injured is a rider of motorcycle, which colluded with the van. THE Tribunal fixed the rash and negligence aspect on the driver of the van. Against which there is no much debate.

(3.) THE next point for consideration is quantum. THE age of the petitioner at the time of the accident was 39. A salary certificate has been produced for Rs. 5,522/-. THE Tribunal has taken the salary as Rs.5,500/- per month. From the evidence of PW.2, Doctor it is seen that the petitioner"s right leg, below the knee has been amputated. THE doctor opined the disability as 80%. But, this Court is of the view that it is proper to fix the disability at 63%. THErefore, the disability has been fixed as 63% and the loss of income has been fixed Rs.3,465/- per month, which is rounded off to Rs.3,500/-. Hence, the loss of income per annum is Rs.42,000/-. THE proper multiplier in this case is 17. Hence, the total loss of income becomes Rs.7,14,000/-. THErefore, the compensation of Rs.5,24,000/- arrived by the Tribunal is very reasonable, even though the distribution of the award by the Tribunal is not correct. THErefore, the award amount arrived by the Tribunal is hereby confirmed. THE claimant has filed additional documents, viz., cash bills for Rs. 17,650/- and Rs. 28,650/- for fixing artificial leg. THErefore, I am of the view that Rs. 30,000/- can be awarded for artificial leg, in addition to the above compensation. However, since the Cross Objection has been filed with 1923 days delay, I am inclined to award Rs.15,000/- only for artificial leg.