The Manager vs Smt. Rajamma and Sri Krishnachari

N. Ananda, J.—The Insurance Company has filed this appeal to set aside the impugned award, inter alia contending that insured vehicle (motorcycle bearing No. KA-42-H-8859) was fixed during investigation. The compensation awarded by Tribunal is highly disproportionate to injuries and consequent disabilities suffered by claimant. I have heard Sri O. Mahesh, learned counsel for Insurance Company and Sri M.H. Prakash, learned counsel for claimant.

Sri O. Mahesh, learned counsel for Insurance Company, drawing my attention to Ex. R.2-Accident Register Extract, would submit that at the first instance history of injury was given as "alleged RTA hit by scooter", thereafter, the word "scooter" was struck off and the words "Hero Honda Splendor motorcycle KA.42.H.8859" were inserted to make it appear that insured vehicle was involved in accident.

The learned counsel for Insurance Company would submit that claimant is a housewife. Therefore determination of compensation towards "loss of earning capacity & loss of future earnings" so also towards "loss of amenities & enjoyment of life" does not arise. The compensation awarded under other heads is excessive.

The learned counsel for claimant would justify the impugned award.

It is true in Ex. R2-Accident Register extract, the word "scooter" occurring before the words "Hero Honda Splendor" have been struck off. The entries would give a prima facie indication that there was an attempt to substitute the vehicle by striking off the word "scooter" and subsequently inserting the words "Hero Honda Splendor motorcycle KA.42.H.8859''''.

The Insurance Company in order to substantiate the plea of substitution of vehicle, should have examined the Medical Officer, who had examined claimant in the General Hospital at Channapatna on 10.03.2009. Therefore, on the basis of entries which would prima facie look rather suspicious, the entire case of claimant cannot be rejected. It is also not clear whether history of injury was given by claimant or her husband. The Insurance Company has not established that owner of motorcycle bearing No. KA-42-H-8859 had lent his vehicle to fix liability on Insurance Company. Therefore, on the basis of this isolated evidence, Insurance Company cannot be permitted to contend that insured vehicle was not involved in accident.

Regarding Quantum of compensation:-

The claimant was aged about 38 years at the time of accident. She is a housewife and also an agriculturist.

The claimant had suffered type IV fracture of right tibia, fracture of upper end of right fibula and associated simple injuries. She was treated in General Hospital at Channapatna. Later, she was treated in Bowring & Lady Curzon Hospital and Udhbhava Hospital at Bangalore.

The Tribunal has awarded compensation of Rs. 2,49,200/- under following heads:-

The learned counsel for Insurance Company would submit in the absence of satisfactory evidence in proof of permanent physical disability, Tribunal should not have awarded compensation towards "loss of amenities & enjoyment of life", so also towards "loss of earning capacity & loss of future earnings" and compensation awarded by Tribunal towards other heads is excessive.

The learned counsel for claimant would justify the compensation awarded by Tribunal.

The claimant is a housewife and also an agriculturist. Therefore, permanent physical disabilities would come in the way of claimant doing her work as before the accident. The Tribunal has assessed income of claimant by taking into consideration household work and also her participation in agricultural work. In the circumstances, submission of learned counsel for Insurance Company that Tribunal should not have awarded compensation towards "loss of amenities & enjoyment of life" and also towards "loss of earning capacity & loss of future earnings" and compensation awarded towards other heads is on the higher side cannot be accepted. There is no merit in the appeal. In the result, I pass the following:-

ORDER

The appeal is dismissed. The amount deposited by Insurance Company shall be transferred to Tribunal.