RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. G KRISHNA

JUDGEMENT

(1.) Mfa No.8729/2015 filed by the insurer and MFA. CROB No. 95/2016 filed by the claimant for enhancement of compensation, though listed to consider the interlocutory applications, by consent of both the learned counsel, are taken up for disposal.

(2.) The insurer had assailed the judgment and award of the Tribunal contending that grant of compensation was on a higher side insofar as the Tribunal had erred in taking the disability at 100%, though there is a reference in the deposition that there was only 38% disability to the whole body. It is also contended that as regards 'future medical expenses' and 'loss of amenities', the amount of compensation awarded was on the higher side.

(3.) It is contended that, as there was disability in respect of injury to right limb, only 19% disability ought to have been taken note of as regards the whole body while calculating the compensation, that there was neither evidence of doctors (PWs-3 and 4) nor quantification of amount of expenses that the claimant would have incurred under the head of 'future medical expenses' (PWs-3 and 4) and hence, the award of compensation on this ground also is contrary to the evidence and has no basis. The award of compensation of Rs. 2,00,000/- under the head of 'loss of amenities of life' was also excessive, considering that there was injury to the lower limb and such injury cannot qualify for compensation under the said head.