Case Note & Summary
The National Insurance Co. Ltd. appealed against the judgment and award dated 27.3.2008 passed by the Additional Member, Motor Accident Claims Tribunal, Akola in M.A.C.P. No.203 of 2003. The claimant, Razique Ahmed, then aged 19, was driving an auto rickshaw on 10.10.2002 when a truck bearing registration no. MP07 G3056, driven rashly and negligently in a zigzag manner, turned turtle and dashed against the auto rickshaw, causing it to overturn. The claimant suffered severe fracture injuries to both shaft femurs, resulting in 20% permanent disability. He claimed Rs. 4,00,000 as compensation, including Rs. 40,000 for medical expenses, and contended that the truck driver was prosecuted under Sections 279 and 337 IPC. The Tribunal held that the accident occurred due to the truck driver's rash and negligent driving and awarded Rs. 1,50,000 with 6% interest per annum from the date of petition till realization. The insurance company appealed, arguing that the compensation was excessive. The High Court, after considering the evidence and submissions, found that the Tribunal had correctly assessed the disability and compensation. The court noted that the claimant was aged 19, earning Rs. 5,000 per month as an auto rickshaw driver, and had suffered 20% permanent disability affecting his earning capacity. The award of Rs. 1,50,000 was considered just and proper, and the appeal was dismissed with no order as to costs.
Headnote
A) Motor Accident Claims - Permanent Disability - Compensation - The claimant suffered 20% permanent disability due to fracture of both femurs in a motor vehicle accident. The Tribunal awarded Rs. 1,50,000 with 6% interest. The High Court upheld the award, finding no error in the assessment of disability or compensation. (Paras 1-5) B) Motor Accident Claims - Rash and Negligent Driving - The accident occurred due to rash and negligent driving of the truck by its driver, who was prosecuted under Sections 279 and 337 of the Indian Penal Code, 1860. The Tribunal and High Court accepted the claimant's version. (Paras 2-3) C) Motor Accident Claims - Medical Expenses - The claimant claimed Rs. 40,000 towards medical treatment. The Tribunal awarded a lump sum considering the nature of injuries. The High Court found no reason to interfere. (Paras 2, 5)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal for 20% permanent disability due to fracture of both femurs is just and proper, and whether the insurance company is liable to pay the same.
Final Decision
The High Court dismissed the appeal with no order as to costs, upholding the judgment and award of the Motor Accident Claims Tribunal, Akola dated 27.3.2008 in M.A.C.P. No.203 of 2003.
Law Points
- Motor Accident Claims
- Permanent Disability
- Compensation Assessment
- Rash and Negligent Driving
- Contributory Negligence
- Medical Expenses
- Loss of Earning Capacity
