NATIONAL INSURANCE COMPANY LIMITED Vs. SAYED ALLAUDDIN

JUDGEMENT

(1.) THE appeal is considered for final disposal at this stage.

(2.) THE appellant is the Insurance Company, which had insured a vehicle involved in an accident. The appellant had insured the car, which had dashed against the two wheeler that was being ridden by the claimant -respondent No. 1 herein. It transpires that he was working as a driver of a tanker and earning about Rs. 6,000/ - per month. The accident had taken place on 28.01.2004. It is claimed that as a result of the injuries to both his legs, face, eyebrows and left upper arm, he was admitted to hospital and he was an inpatient for more than one month and he was discharged and was still under treatment for a long period and had incurred a medical expenditure of Rs. 50,000/ -. That he was no longer capable of working as a driver in view of the disability he had suffered. The Medical Practitioner had assessed the disability at 55% to the whole body and it is on this basis that claim for compensation was laid. The appellant had contested the matter and the Tribunal on considering the rival contentions had opined that there was 100% loss of earning capacity on the footing that though the Medical Practitioner had indicated that there was whole body disability of 55% having regard to the avocation in which the claimant was engaged at the time of the accident and as a result of the injuries he was no longer capable of carrying on that avocation. There was 100% loss of earning capacity and has accordingly proceeded to award the compensation. It is that which is sought to be challenged in the present appeal.

(3.) THE short question that arises for consideration is -