NATIONAL INSURANCE CO LTD Vs. GURUDEV

JUDGEMENT

(1.) The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 7,58,996 has been awarded to respondent No. 1. The appellant seeks reduction of the award amount.

(2.) The accident dated 7/9/2006 resulted in the grievous injuries to respondent No. 1. The respondent was going on his motor cycle bearing No. DL 4S-AY 6852 when he was hit by Maruti car bearing No. HR 13-B 0886. Respondent No. 1 remained hospitalised intermittently till 16.11.2007. The injuries suffered by respondent No. 1 are as under:

(3.) The disability of respondent No. 1 was assessed to be 45 per cent in respect of left lower limb as per disability certificate, Exh. PW1/1. Respondent No. 1 had passed Senior Secondary Certificate Examination and was also holding a Diploma in Information and Technology. Respondent No. 1 claimed that he was working as a Document/Instalment Collector with H.R.D. Services and earning Rs. 5,000 per month. However, in the absence of any documentary proof of income, the learned Tribunal took the minimum wages of Rs. 5,640 after considering increase in minimum wages due to inflation and rise in price index. Learned Tribunal assessed the loss of earning capacity of respondent No. 1 to be 30 per cent and the loss of earning capacity was computed at Rs. 3,65,472 [30 per cent of (Rs. 5,640 x 12 x 18)]. Learned Tribunal further awarded Rs. 15,000 for special diet, Rs. 15,000 towards attendant charges, Rs. 18,800 for loss of income, Rs. 50,000 towards pain and suffering, Rs. 70,000 for loss of amenities of life and Rs. 40,000 for disfigurement. The total compensation awarded is Rs. 7,58,996.