R.K.GAUBA
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Rahat Khanam – Respondent
R.K. GAUBA, J.
1. The first respondent, then 22 years old, having studied upto 12th standard, working for gain in a private employment, suffered injuries in a motor vehicular accident that occurred on 13.11.2011 due to negligent driving of a motor vehicle no. DL-1LM-9040 admittedly insured against third party risk with the appellant insurance company. On her accident claim case (petition no. 244/13), the Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 23.01.2014, found a case for compensation made out on the principle of fault liability. It also returned a finding that the claimant had suffered injuries which had rendered her prematurely disabled, her disability having been concluded to be to the extent of 60%. The Tribunal accepted her word that she was earning Rs. 8,500/- p.m. from the private service and on that basis calculated the loss of income (for a period of treatment for 2 years) and also the future loss of income due to disability and awarded total compensation in the sum of Rs. 26,38,400/- with interest at the rate of 9% p.a. fastening the liability on the insurance company.
2. By the appeal at hand, the insurer questions the comput
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.