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2016 DIGILAW 583 (JK)

National Insurance Co. Ltd. v. Sajad Ahmad

2016-11-08

R.SUDHAKAR

body2016
JUDGMENT : R. Sudhakar, J. 1. The appellant-Insurance Company has filed this appeal challenging the award only in relation to the quantum of compensation. It is a case of injury. On 31.12.1998 a bus bearing registration No. JK09228 driven from Tangdhar to Kupwara met with an accident near Sadhna Top, as a result of which 19 persons have died and other passengers traveling in the vehicle sustained injuries, including the claimant. 2. The finding of the Tribunal and the liability of the owner of the vehicle and the Insurance Company to compensate the claimant is not disputed. The Tribunal has granted recovery rights to the Insurance Company and that is not an issue. 3. It is the case of the Insurance Company that the injured claimant, aged about 30 years, was a Special Police Officer employed on consolidated pay of Rs. 1500/- by the District Police Recruiting Agency. In the accident, he suffered injury in right tibia and fibula bone lower end and as such he could not continue his occupation as Special Police Officer and is now running a shop and making his livelihood. However, the accident has caused serious prejudice to his earning capacity. 4. He claimed compensation before the Tribunal and the Tribunal while taking into consideration the evidence of Doctor, the age of the claimant and monthly income of Rs. 1500/- with prospectus of higher income in future, granted Rs. 1,44,000/- as compensation. The Tribunal has took his disability as upto 50%, loss of income at Rs. 750/- per month and granted Rs. 25,000/- as medical expenses, Rs. 10,000/- on account of pain and suffering, totaling Rs. 1,79,000/- with 4% interest. 5. Heard Mr. Kawoosa, learned counsel for the appellant regarding quantum of compensation. 6. Taking note of the fact that the injured was employed as SPO in the Police Department and lost his job, the Tribunal fixed the disability upto 50% and loss of income to Rs. 750/- per month i.e. Rs. 9000/- per annum, applied the multiplied of 16 as per the law laid down by Hon'ble the Supreme Court in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. dated 15.04.2009, and fixed the loss of earning capacity as 9000 X 16 = Rs. 1,44,000 and granted Rs. 25,000/- on account of medical expenses and Rs. 10,000/- for pain and sufferings, totaling Rs. 1,79,000/-. This compensation does not appear to be excessive. v. Delhi Transport Corporation & Anr. dated 15.04.2009, and fixed the loss of earning capacity as 9000 X 16 = Rs. 1,44,000 and granted Rs. 25,000/- on account of medical expenses and Rs. 10,000/- for pain and sufferings, totaling Rs. 1,79,000/-. This compensation does not appear to be excessive. The compensation on other heads is also appropriate and not exorbitant. The interest is meagre and therefore, to that extent, prejudice would have been caused to the claimant. Therefore, I am not inclined to reduce the compensation. The appeal is dismissed.