United India Fire and Genl. Ins. Company Ltd. v. C. P. Varghese
1986-11-24
CHETTUR SANKARAN NAIR, T.KOCHU THOMMEN
body1986
DigiLaw.ai
JUDGMENT : Kochu Thommen, J. This appeal is brought by the insurer (the 3rd Respondent before the Tribunal) from the judgment of the Motor Accidents Claims Tribunal, Ernakulam, in O.P. No. 281 of 1979. The Tribunal held that the Appellant being the insurer was liable to pay the claimant (the first Respondent herein) a sum of Rs. 25,000/- as compensation for the injuries sustained by him by an accident which occurred at about 5.45 p.m. on 26.12.1976. The injured was travelling on a motor cycle on the national highway. He was going from south to north. He was on the western side of the road. A car belonging to the first Respondent before the Tribunal (the second Respondent in this appeal) and driven by the second Respondent before the Tribunal (the 3rd Respondent in this appeal) came from north to south. The car and the motor cycle collided with each other as a result of which the claimant was gravely injured and later removed to a hospital where his right leg above the knee and his right index finger were amputated. The Tribunal found that the accident was caused solely on account of the negligence of the driver of the car for which the owner of the car was held vicariously liable. The Appellant being the insurer was held liable to pay the compensation in respect of the injuries sustained. 2. The owner and driver of the car remained ex parte. However, the insurer was allowed to contest the claim on the merits. The only person who testified was the claimant himself. He stated that at the time of the accident he was 34 years of age and was earning a monthly salary of Rs. 500/-. He described the injuries sustained by him. He stated that he lost his job because, without his leg, he was not useful to his employer any longer. He stated in cross-examination that he was travelling at a low speed; he was on the proper side of the road; and. suddenly the car emerged from the north presumably at a high speed and hit the front part of the motor cycle. As a result of the impact, he was thrown off the motor cycle and sustained the injuries. There was nothing in the cross-examination to discredit his evidence.
suddenly the car emerged from the north presumably at a high speed and hit the front part of the motor cycle. As a result of the impact, he was thrown off the motor cycle and sustained the injuries. There was nothing in the cross-examination to discredit his evidence. The Tribunal, appreciating the evidence on record, rightly, in our view, held that the accident was caused solely by the negligence of the driver of the car. 3. Counsel for the Appellant submits that even assuming that the Tribunal was right in coming to that conclusion, the compensation awarded was too high. There is a cross objection filed on behalf of the claimant on the ground that the compensation awarded in the sum of Rs. 25,000/- was too low. Mr. James Vincent, appearing for the claimant, submits that considering the young age of the claimant, the injuries sustained by him and the consequential disability, the loss of job, the possibilities of his having risen in life if he had not been disabled, the steep fall in the value of the rupee, etc., the compensation awarded was far too low to be reasonable. 4. The uncontroverted evidence is that the injured was earning Rs. 500/- per month and that he lost his job as a result of the disability caused by the amputation of his right leg and right index finger. At the age of 34, when he sustained the injuries, he could reasonably expect to rise and prosper in his trade. He would have in the normal circumstances continued in his trade for at least 25 years. Taking all these factors into account, and applying the right multiplier we are of the view that it would be reasonable to enhance the compensation. 5. In the circumstances we award a sum of Rs. 50,000/- as compensation payable to the injured. He shall be entitled to interest at the rate already awarded by the Tribunal from the date of his application. The appeal is dismissed. The cross-objection is allowed in the above terms. The first Respondent is entitled to costs throughout.