Govind Yadav Vs. New India Insurance Company Limited
Appellant suffered grievous injuries in an accident - Rash and negligent driving - Initially treated later shifted to Medical College - His left leg was amputated above knee - His age about 24 years drawing monthly salary of Rs.4,000/- Owner and driver did not contest claim but insurance company did so - In w/s of respondent pleaded accident not caused due to rash and negligent driving of mini bus - Insurer not liable to pay as driver did not have valid DL - Tribunal held accident caused due to rash and negligent driving of mini bus by its driver - But not accept appellant's salary of Rs.4,000/- - Observing he not produced any evidence to prove factum - Tribunal referred Second Schedule and determined income Rs.15,000/- per annum 70% disability and loss of income to Rs.10,500/- per annum - Tribunal applied multiplier of 17 and held Rs.1,78,500/- towards loss of future income - Appeal - High Court granting an enhancement of Rs.50,000/- - Total compensation of Rs.3,06,000/- with interest of 7% per annum from date of application - Appeal - Supreme Court held - Judgment and the award of Tribunal set aside - Appellant is entitled to total compensation of Rs.9,53,600/- with interest @ 7% per annum from the date of filing the claim petition till the date of realization - Appeal is allowed.
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