HARI OM CONST Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeals is to an order passed by the High Court of Delhi on 3/11/2017 whereby the appellant, who was driving the motorcycle and one Rajinder Singh, who was the pillion rider met with an accident with a tempo bearing Registration No.HR 38 K 7828 in the area of Police Station Kashmiri Gate, Delhi.

(3.) The appellant has suffered multiple fracture and dislocation of the left elbow, nailing of right tibia and femur bone. The appellant undergone several surgical procedures including reconstruction of right elbow. The Board of Doctors assessed the permanent disability to the extent of 45%. The Tribunal while taking into consideration the emoluments of the appellant as Rs.18,941.00 per month applied the multiplier of 16 keeping in view the age of the appellant as 32 years. Thus, the total compensation of Rs.21,94,082.00 was awarded including the expenses towards physiotherapy, special diet and conveyance, loss of earnings and Rs.16,000.00 towards future medical expenses, Rs.18,18,336.00 was on account of loss of future income due to disability. The High Court in an appeal filed by the Insurance Company reduced the amount of compensation by applying the multiplier of 9 for the reason that there is no loss of employment.