Point of law : The multiplier system should be followed not only for determining the compensation on account of loss of income but also for determining the attendant charges etc.

JUDGMENT :

1. The present appeal is directed against the award dated 31.01.2020 in File No. 87/Claim passed by the Learned Motor Accidents Claims Tribunal, Rajouri, (for short MACT, Rajouri), whereby an amount of Rs.1,43,39,520/- has been awarded in favour of the claimant/respondent No. 1 alongwith interest @ 7.5% per annum from the date of filing of claim petition till its realization.

2. Factual matrix of this case, as gathered from the impugned award, is that on 09.04.2014 the claimant/respondent No.1 received serious injuries in a vehicular accident at Mandir Gala due to the rash and negligent driving of the driver of offending vehicle No.JK02AD 4425 coming from Sungri towards Rajouri.

3. Claimant/respondent No. 1 filed a claim petition before learned MACT, Rajouri for claiming compensation on account of the injuries caused to him. After putting to notice, the National assurance company Ltd., caused appearance and contested the claim petition. The following issues came to be framed on 31.08.2016 by the Tribunal:

1. Whether petitioner sustained injuries in road traffic accident on 09.04.2014 at Mandir Gala within the jurisdiction of police station Kandi, due to rash and negligent driving by the respondent No.1 while driving the offending vehicle No. JK02AD/4425. OPP

2. In case issue No.1 is proved in affirmative, to what amount of compensation the petitioner is entitled to and from whom? OPP

3. Whether driver of offending vehicle was not holding valid and effective driving license at the time of accident? If so to what effect? OPR-3

4. Whether any terms and conditions of Insurance police have been violated? If so to what effect? OPR-3

5. Relief?

4. The Tribunal after examining the entire record and on the basis of the evidence led by the parties awarded Rs. 1,43,39,520/- alongwith interest @ 7.5% per annum in favour of the claimant/respondent No. 1 herein. Being not satisfied by the award impugned, appellant insurance company has filed this Mac App No. 113/2020 challenging the award being excessive and exorbitant.

5. The appellants have urged in the memo of appeal that the claim petition has been wrongly decided and the amount of compensation is not in consonance with the facts and circumstances of the case as well as law. The legality of the award impugned is questioned on the grounds inter alia that the insured vehicle at the time of accident was carrying 32 passengers against the sitting capacity of 27, as such, the offending vehicle was overloaded and the same was driven in violation of the terms and conditions of the certificate of insurance, registration and route permit. It is also averred that the compensation on the head of attendant charges is very excessive and exorbitant and moreover the claimant has not placed anything on record with respect to the requirement of attendants. One of the other grounds is that the compensation on the head of medical expenses is also wrongly awarded in favour of the claimants.

6. Learned counsel appearing for the appellants, Mr. Amit Sarin, vehemently argued that the learned Tribunal fell in error while calculating the amount of compensation under the head of attendant charges and thus awarded highly excessive amount. It is argued that the multiplier of 16 should have been applied instead of 39 to ascertain the attendant charges. Learned counsel placed reliance on the judgment of Hon’ble the Supreme Court in the case titled Kajal vs. Jagdish Chand (2020) 4 SCC 413.

7. Mr. Raghu Mehta, learned counsel appearing for the respondent No.1/claimant argued that the amount of compensation awarded by the learned Tribunal is on the lower side and should be enhanced keeping in view the 100% permanent disablement on account of PARAPALEGIA suffered by the claimant due to unfortunate accident. It is submitted that the learned Tribunal has awarded meager sum on account of medical expenses, transport charges,