Case Note & Summary
The appellant, New India Assurance Company Ltd., challenged the judgment and award dated 27.9.1990 passed by the Motor Accident Claims Tribunal, Bhandara in Claim Petition No.58/1987, whereby the Tribunal awarded compensation of Rs.15,000 to the claimant/respondent no.1, Amarkant s/o Punjaji Ganvir. The claimant had filed a claim petition under the Motor Vehicles Act, 1939 seeking compensation for injuries sustained in a motor accident. The Tribunal, without any evidence of the claimant's income or permanent disability, assessed the compensation at Rs.15,000. The insurance company appealed, contending that the award was excessive and based on assumptions. The High Court observed that the claimant had not produced any evidence to prove his income as a driver or the extent of his disability. The court held that in the absence of proof of income, the compensation cannot be assessed on assumed figures. The court also noted that the claimant had suffered a fracture of the femur but no permanent disability certificate was produced. Consequently, the court reduced the compensation from Rs.15,000 to Rs.7,500, allowing the appeal in part.
Headnote
A) Motor Accident Claims - Compensation - Burden of Proof - Claimant failed to prove his income as a driver - The Tribunal awarded Rs.15,000 without any evidence of monthly income - Held that in the absence of proof of income, the compensation cannot be assessed on assumed figures - Appeal allowed, compensation reduced to Rs.7,500 (Paras 1-5) B) Motor Accident Claims - Loss of Earning Capacity - Disability Assessment - Claimant suffered fracture of femur but no permanent disability certificate produced - The Tribunal assessed disability at 50% without medical evidence - Held that without medical evidence, disability cannot be assumed - Compensation reduced accordingly (Paras 1-5)
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in awarding compensation of Rs.15,000 to the claimant without proper evidence of his income and disability?
Final Decision
Appeal allowed in part. Compensation reduced from Rs.15,000 to Rs.7,500. No order as to costs.
Law Points
- Burden of proof of income lies on claimant
- Compensation for loss of earning capacity
- Assessment of disability percentage
- No fault liability under Section 140 of Motor Vehicles Act
- 1939
