JUDGEMENT
S.B.Sinha, J. -
(1.)LEAVE granted.
(2.)APPELLANT herein is a practicing lawyer. While riding on a scooter, he met with an accident as a tempo which was allegedly being driven rashly and negligently by Respondent No. 1 dashed therewith. He is said to have suffered a permanent disability. He filed an application under Section 166 of the Motor Vehicles Act, 1988 praying for grant of compensation of Rs.1,00,000/-. An application for amendment of the said claim petition was filed raising the amount of compensation to Rs.5,00,000/- .
The Motor Accident Claims Tribunal by a judgment and award dated 15th March, 1986 awarded a sum of Rs.1,83,000/-, details whereof are as under:
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The Tribunal as regards the purported plea of the Insurer that its liability is limited, opined:
"A perusal shows that liability of the insurance company is limited to the extent of Rs. 1,50,000/- Counsel for the claimant contended before me that as the insurance policy has not been tendered the same in evidence, so, should be held that the liability of insurance company is unlimited. It is no doubt true that the insurance policy has not been tendered the policy in evidence. But as the insurance policy is only on the file, I am of the view that this court taken note of it. So, it is held that the liability of insurance company is only to the extent of Rs. 1,50,000/- and interest on the same and rest of the amount will be paid by the respondent No. 1. The issue is decided accordingly."
(3.)AN appeal thereagainst was filed by Appellant before the High Court. A learned Single Judge of the High Court enhanced the amount of compensation to Rs. 2,90,000/-. A direction was also issued upon Respondent to pay interest at the rate of 12% per annum on the amount of compensation from the date of filing thereof till the date of realization. The learned Single Judge also set aside the findings of the learned Tribunal to the effect that the liability of the insurance company was limited to Rs. 1,50,000/-.
Still being not satisfied, an intra-court appeal was filed by Appellant herein. Before a Division Bench of the High Court, the question which was raised on behalf of Appellant was as to whether he having suffered permanent disability would be entitled to any further compensation as he may have to engage a driver to drive his car in future. A contention as regards higher amount of compensation was also raised towards purported loss of prospective income. The Division Bench by reason of the impugned judgment enhanced only the amount of compensation under the head of 'loss of income' from Rs. 1,12,000/- to Rs. 1,50,000/- relying on the decision of this Court in Lata Wadhwa and Others v. State of Bihar and Others [(2001) 8 SCC 197]. Still not satisfied, Appellant is before us.