KAMESH KUMAR GUNUPUR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) For the reasons stated in the application, the delay of 8 days in filing the appeal is condoned. CM stands disposed of.

(2.) MAC.APP.No.258/2008 The learned counsel for the appellant submits that there is no dispute on valid insurance. In that view of the matter, notice to respondent Nos. 2 and 3 is dispensed with. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.1,71,846/- has been awarded to the appellant. The appellant seeks enhancement of the award amount. The accident dated 13th July, 2001 resulted in grievous injuries to the appellant. The appellant was travelling in TSR bearing No.DL-1RC-3639 on Shaheed Jeet Singh Marg, near Qutub Institutional Area, when car bearing No. DL 3CS 1983 hit the TSR due to which the TSR over turned and the appellant suffered grievous injuries. The appellant suffered three fractures on his thigh, knee and ankle, namely, subtrochanteril fracture leg fermur, lateral condyle fracture left tibia and fracture tibial plafond with dislocation left ankle. The appellant underwent six surgeries and a plate was inserted for joining the fractures. The medical record of the appellant's treatment was proved as Ex.PW-1/C1 to Ex.PW-1/C26. The appellant incurred Rs.33,946/- on his treatment which was proved by bills Ex.PW-1/C-1.

(3.) The appellant was working as Senior Executive - Strategic Planning Whirlpool and at the time of the accident drawing a salary of Rs.19,300/- proved by salary certificate Ex.PW-1/D-1. The appellant remained on leave for four months and twenty one days from 14 th July, 2001 to 4th December, 2001, proved by employer's certificate Ex.PW- 1/D-1.