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Judgment
Ravi Malimath
Aggrieved by the Judgment and award passed by the Tribunal, the claimant has filed the present appeal seeking enhancement as well as questioning the liability foisted on the owner of the vehicle to satisfy the award. Heard the appellant''s counsel. No submissions are forthcoming from counsel for the insurer. So far as the liability is concerned, the Tribunal was of the view that it would appear to be a collusion by the claimant with the police and others, since the case against the driver of the tata tempo was not intimated to the Insurance Company. Therefore there is violation of the policy condition. I am unable to accept the same. The Insurance Company was noted at later stage. However only because it was not intimated forthwith, that by itself is not a ground of violation of policy condition. Hence so far as the liability is concerned, same is set aside. The insurer is held liable to satisfy the award.
So far as enhancement is concerned, the claimant is said to be a businessman and earning Rs. 6,000/- per month. The accident is of the year 2004. Following the Judgment of the Hon''ble Supreme Court in the case of RAMACHANDRAPPA vs. THE MANAGER, ROYAL SUNDARAM ALIANCE INSURANCE CO. LTD., reported in AIR 2011 SC 2951, his monthly income is held at Rs. 5,000/- per month. The Doctor has assessed the disability at 40%. Hence, it will be appropriate to hold the whole body disability at 15%. He was aged 26 years as on the date of accident. Hence, the appropriate multiplier is 17 as held by the Tribunal. Hence, the disability is works out as follows:
Rs. 5,000/- x 12 x 17 x 15% = Rs. 1,53,000/-
The amount of Rs. 29,815/- awarded towards medical expenses is undisturbed. The amount of Rs. 40,000/- awarded towards pain & suffering is enhanced by a sum of Rs. 20,000/-. The amount of Rs. 5,000/- awarded towards loss of amenities is on the lower side. It is enhanced by a sum of Rs. 20,000/-. In view of the injury sustained he would require a period of at least 6 months to recover. Hence, a sum of Rs. 30,000/- (Rs. 5,000/- x 6) is awarded under the head loss of income during laid up period. The compensation now awarded is as follows:-
In all the compensation is enhanced by a sum of Rs. 70,000/- (Rs. 1,44,815/- less Rs. 74,815/-) which shall carry interest at the rate of 6% p.a. from the date of the Petition till the date of payment and shall be paid within a period of 4 weeks from the date of receipt of copy of this order. The liability on the owner is set aside and the insurer is liable to satisfy the award.