Sri Revat Mother Bouiawwa Kamble v. The New India Assurance Cc

New India Assurance Co. Ltd. Division Office, Kamagar Ghavan, MG Road. Sangli. Represented through its Regional Office, Unity Building Annexe, Mission Road, BangaIore.560027, Rep. By its Deputy Manager, Sri, P,A,Prabakar Rao.. Sri Revat Mother Bourawwa Kamble, 0cc: Agriculture and Advocate, Aged abut 27 years. Rio Kottalagi, Tq: Athani, Dist: Belgaum. z — / 173(1) of the Motor Vehicles Act against the judgment and award dated 1501 2010 passed in MVC No 351/2009 on the file to the Civil Judge (Sr Dn. and Member Additional Motor Accident Claims Tribunal Athan awarding the compensation of Rs 4 9217’ with nteest at the rt ‘f 5- date of petition till its realisation p a In MFA Crob No775’2010 BETWEEN Sri Revat Mother Bouiawwa Kamble Age 27 years 0cc Advocate & agriculture, Rio Kottalagi fq. Athani, Dist, B&gaum (By Sri. S MKalwad. Advocate AND The New India Assurance Cc d Divisional Office Kamaqor Bha ion ai C Rudd Sangli Rep through its Regional Office Unity Buiiding Annexe. Mission Road Bangaicre56002. Rep B its Deputy Manager Sn P A Prahhakar Ro 3” T ect’on AFA nf CF ‘ against e a udanent s fde I 0 flI 20° cassed Ju1e ‘S .0’ r.: ‘‘ )r’ a C Ae ir A , Lc r:’!( N. 9i:2/ itv/rC 0irt r ; Cross Objector r p1 2i 0 Ply with interest at the rate of 6% p.a. from the date of petition till its realisation. This appeal and cross objections coming on for admission this day. the court delivered the following: JUDGMENT This appeal and cross appeal are directed against the judgment and award dated l5 January 2010 in M.V.C. No.351/2009 passed by the Civil Judge (Sr. On.) at Athani.

In a motor accident on 17.11.2008, the claimant sustained injuries. The medical evidence on record discloses there is 29% disability to the whole body. The claimant was an young advocate. By considering the age, profession, extent of physical disability, monthly income, the Tribunal, in all, awarded a sum of ?4,97,2171-. The claimant is before this Court being not satisfied with the quantum of compensation. The insurance company is before this Court on the ground that the compensation awarded is on the higher side. r :4:

Learned counsel side mainly concentrated on compensation awarded under the head ‘loss of future earning capacity’. On the date of accident, claimant was 26 years old and the Tribunal rightly applied 17 multiplier. By considering the nature of profession. Tribunal had taken monthly income at 5.OOOI- and the same is in accordance with law. The medical evidence on record disclosed that the claimant sustained 29% disability to the whole body. The Tribunal had taken the functional disability at 25% and it appears it is on higher side. Therefore, compensation awarded by the tribunal at 2.55,OOOI- is to be reduced to ?2,00,000I-.

The Tribunal awarded interet at 6%. In view of the judgment of the Supreme Court in Supe Del vs. National Insurance Co.Ltd reported in (2009) 4 SCC 513, the interest is to be increased from 6% to 9%.

For the reasons stated above, the following: :5: ORDER Both the appeal and cross appeal are hereby disposed of. The impugned judgment and award dated 15.01 .2010 in M.V.C.No.351/2009 passed by Civil Judge (Sr.Dn.) at Athani is hereby modified reducing the total compensation from ?4,97.21 7 to !442,217!- with interest at 9% pa. (i) (ii) • (iii) Remaining all other aspects the impugned award remains intact and undisturbed. Sal- JUDGE Kms