RELIANCE GENERAL INSURANCE CO. LTD. Vs. ROHIT KUMAR

JUDGEMENT

(1.) Vide award dated 24th July, 2014, the Claims Tribunal has awarded Rs. 18,76,950/- to Rohit Kumar. Both the parties have challenged the impugned award. The appellant in MAC APP.797/2014 is seeking reduction whereas the appellant in MAC APP.764/2015 is seeking enhancement of the award amount.

(2.) On 3rd November, 2012, Rohit Kumar was returning home on foot from Sanya Vihar, Ghaziabad. When Rohit reached the divider on NH-24 in front of Sanya Vihar, a Tata container no.HR-38M-8702 came from Lal Kuan side and ran over his right leg. Rohit was taken to Yashoda Hospital, Ghaziabad where his right leg was amputated. Rohit was working as a Supervisor/Field Officer with Balaji Industries and Services and he claimed to be earning Rs. 15,000/- per month.

(3.) The Claims Tribunal awarded Rs. 41,772/- towards expenditure on treatment, Rs. 15,000/- towards conveyance and special diet, Rs. 17,628/- towards nursing attendant, Rs. 1,50,000/- towards pain and sufferings, Rs. 1,50,000/- towards loss of amenities and enjoyment of life, Rs. 1,50,000/- towards disfiguration and Rs. 75,000/- towards loss of marriage prospects. The Claims Tribunal took the functional disability of the injured to be 40% and awarded Rs. 11,42,294/- by applying the multiplier of 18 and taking the functional disability as 40%. The total compensation awarded is Rs. 18,76,950/-.