HEADING: Failure to prove permit violation and underestimation of future prospects warrant enhancement of motor accident compensation.

Two cross-appeals were filed challenging the award dated April 6, 2019, passed by the 3rd Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No. 582/2015

Santosh Banjare (Claimant) sustained injuries in a motor accident involving an auto-rickshaw (C.G. 11/A.D./8019) owned/driven by Raisen Manhar and insured by Bajaj Allianz

The Insurance Company sought exoneration from liability, alleging the vehicle lacked a valid permit and fitness

Conversely, the Claimant sought enhancement of the compensation originally assessed at ₹5,25,014/- based on 40% disability

1. Whether the Insurance Company is liable to pay compensation despite the alleged lack of a valid permit for the offending vehicle

2. Whether the compensation awarded by the Tribunal requires enhancement regarding future prospects and other heads of damages

The court applied the principles of the Motor Vehicles Act, 1988, regarding the burden of proof in insurance liability and the quantification of "just compensation"

It adhered to established precedents for calculating loss of future income, specifically incorporating a 40% addition for "future prospects" and applying the appropriate multiplier based on the age of the victim

The court also applied evidentiary rules regarding the necessity of lead evidence to prove a breach of policy conditions, such as the absence of a permit

Regarding the Insurance Company’s appeal, the Court found that while the insurer took a general defense of policy violation at paragraph 14 of their written statement, they failed to conduct an investigation or lead specific oral or documentary evidence to prove the lack of a valid permit

Consequently, the Tribunal’s finding that no breach was proved remained undisturbed

Regarding enhancement, the Court recalculated the compensation by applying a monthly income of ₹6,000/- (based on minimum wages) and adding 40% for future prospects

It corrected the calculation for 40% disability using the multiplier of 15, resulting in a loss of income of ₹6,04,800/-, and added amounts for loss of amenities, mental agony, and attendant charges that were previously omitted or inadequately addressed

The Court held that the total compensation is enhanced from ₹5,25,014/- to ₹7,02,314/-

The Insurance Company is directed to pay the additional amount of ₹1,77,300/- with interest @ 6% per annum from the date of the claim application within three months

Other conditions of the original award remain intact