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2018 DIGILAW 2119 (HP)

New India Assurance Company Limited v. Sheetanshu

2018-11-30

SURESHWAR THAKUR

body2018
JUDGMENT : SURESHWAR THAKUR, J. 1. The instant appeal, stands, directed by the insurer of the offending vehicle, against, the award pronounced by the Learned Motor Accident Claim Tribunal (IV), Kangra at Dharamshala, H.P, whereby, the learned Tribunal adjudged compensation, vis-a-vis, claimant. The quantum, of, compensation amount adjudged thereunder, vis-a-vis, the claimant, is, constituted in a sum of Rs.10,98,761/-,and, interest at the rate of 7.5% per annum, is, levied thereon, commencing, from, the date of petition uptill its deposit. Obviously indemnificatory liability thereof, has been fastened, upon the insurer/appellant herein. The Appellant/insurer is aggrieved therefrom, hence, has instituted the instant appeal before this Court. 2. The learned counsel appearing for the appellant/insurer, does not contest, the validity of findings rendered, upon, the issue appertaining to the relevant mishap being, a, sequel of rash and negligent manner, of, driving of the offending vehicle, by respondent No.3 herein, nor does he contest, the, validity of the findings rendered by the learned tribunal, upon, the issue appertaining to the fastening, upon, it, of the apt indemnificatory liability. 3. However, the learned counsel appearing for the insurer has with extreme tenacity, contended, that in the absence, of, the claimant placing on record, the apt disability certificate, pronouncing therein, (a) the imperative factum qua in sequel to the injuries sustained by the claimant, in, the ill-fated accident, 100% disability standing entailed, upon her person, (b) nor evidence being adduced qua hers earning any income of Rs.3000/- per mensem, from hers, performing domestic chores; (c) rather hers, on affidavit making an averment qua hers losing an academic year, in sequel, to the injuries being entailed upon her, (d) thereupon, he contends that the afore wants of peremptory evidence, for, hence, succoring, the afore computation, of, her per mensem earning, in a sum, of, Rs.3,000/-, on anvil of it, constituting the value, of, the domestic chores performed by the claimant, (e) besides, the learned tribunal, thereafter concluding, that, given the disability suffered by her, being permanent in nature, hence also adding a multiplier of 18, to the afore figure of per mensem salary, has rather resulted in gross mis-computation, of, compensation by the learned tribunal, under the head “loss of future income”. 4. 4. The afore submission garners immense vigour (a) as the evidence on record, omits, to make a display qua any disability certificate, hence existing on record, with candid pronouncements being borne, therein qua 100% being entailed upon the claimant, thereupon, for want of the best evidence, (i) it was grossly in sagacious for the learned tribunal, to conclude that, in sequel to the afore purported magnitude, of disability entailed, upon, the claimants hence permanent loss, of, income being encumbered upon him, nor it was sagacious for the learned tribunal, to, assess or compute compensation, borne in a sum of Rs.6,48,000/-, vis-a-vis, the claimant, under the head “Loss of future income”. Consequently, the afore sum as assessed, vis-a-vis, the claimant under the head of “loss of future income”, is, set aside. 5. The learned counsel appearing for the insurer has further contended with much vigour, that, the sum of Rs.2,25,761/- assessed under the head “medical charges”, also wanting interference, (i) given the afore computation, being made on anvil, of inadmissible photo copies, of, the medical bills, (ii) given theirs being not proven from their original, rather theirs being marked. However, the aforesaid submission, cannot be accepted, given the claimant in her affidavit, borne in Ex.PW1/A, rather purveying a good, sound and tangible reason, for not producing the originals of the medical bills, explanation whereof, is, comprised in the original, of, the medical bills being burnt in a fire, which, occurred in their house, (iii) factum whereof remained un repulsed, rendering hence the afore ascription, of, utmost tenacity thereto, being apt. 6. For the foregoing reasons, the instant appeal is partly allowed, and, the impugned award is modified to the afore extent. Consequently, the claimant is held entitled to a total compensation of Rs.4,50,761/- only, amount whereof, shall carry interest at the rate of 7.5% per annum from the date of filing of the petition till its deposit. All pending applications also stand disposed of. Records be sent back forthwith.