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2019 DIGILAW 324 (JK)

Bajaj Allianz General Insurance Co. Ltd. v. Sajid Khan

2019-07-02

SANJEEV KUMAR

body2019
JUDGMENT : Sanjeev Kumar, J. 1. Bajaj Allianz General Insurance Company Limited (hereinafter referred to as "the insured") is in appeal against award dated 30.07.2018 passed by the Motor Accident Claims Tribunal, Rajouri in Claim No. 25/Claim, titled, Sajid Khan v. Basharat Hussain and others, whereby the respondent No. 1, injured is held entitled to compensation to the tune of Rs. 1,88,000/-, the breakup whereof has been given in paragraph 11 of the award in the following manner:- 1. Loss of future income Rs.1,62,000/- 2. Expenditure for two attendants Rs.7,000/- 3. Damages on account of pain and sufferings Rs. 5,000/- 4. Loss of amenities Rs. 5,000/- 5. Diet Expenses Rs. 4,000/- 6. Transport charges Rs. 5,000/- Total Rs. 1,88,000/- 2. The impugned award has been challenged by the insured primarily on the ground that the Tribunal has erroneously taken the income of the respondent No. 1 as Rs. 3,000/- per month and has also committed an error in taking loss of earning capacity as 25%. 3. Learned counsel appearing for the respondents has resisted the appeal on the ground that the amount of compensation awarded by the Tribunal is just and fair and, therefore, the same does not call for any modification. 4. I have heard learned counsel for the parties and perused the record. 5. Admittedly, the injured, on the date of accident, was a student and had no fixed income and, therefore, the Tribunal has taken notional income of respondent No. 1 as Rs. 36,000/- per annum. This apparently is on higher side as there is no proof of income produced on record by the respondent No. 1. 6. In the given circumstances and in the light of law laid down by the Supreme Court in various judgments, it will be appropriate to take notional income of the respondent No. 1 at Rs. 25,000/- per annum. Accordingly, the loss of future income is worked out at Rs. 1,12,500/-. The amount award on account of damages for pain and sufferings and loss of amenities is also on lower side. 7. I do not find any error in taking the earning capacity as 25% in view of the fact that respondent No. 1 had suffered disability to the extent of 25% of the left arm, which would admittedly impede the working capacity of the respondent No. 1. 8. 7. I do not find any error in taking the earning capacity as 25% in view of the fact that respondent No. 1 had suffered disability to the extent of 25% of the left arm, which would admittedly impede the working capacity of the respondent No. 1. 8. For the foregoing reasons, this appeal is allowed and the impugned award is modified to the following extent:- 1. Loss of future income Rs. 1,12,500/- 2. Expenditure for two attendants Rs. 7,000/- 3. Damages on account of pain and sufferings Rs. 10,000/- 4. Loss of amenities Rs. 10,000/- 5. Diet Expenses Rs.4,000/- Transport charges Rs. 5,000/- Total Rs. 1,48,500/- 9. Claimant shall be entitled to the compensation in terms of the modified award along with interest as has been awarded by the Tribunal. Let the amount be released in favour of claimant in terms of the modified award after proper identification. Excess amount, if any, shall be refunded to the Insurance Company. 10. Accordingly, the appeal is disposed of.