NEW INDIA ASSURANCE CO. LTD Vs. SURENDER KUMAR

JUDGEMENT

(1.) The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 4,56,000 has been awarded to respondent No. 1.

(2.) The accident dated 17th November, 2007 resulted in grievous injuries to the respondent No. 1. The respondent No. 1 was suffered fractures of both bones of left leg for which interlocking and nailing was done. The permanent disability of the appellant has been assessed to be 10% in respect of left lower limb. The appellant was 36 years old at the time of the accident and running his business in the name of M/s. Shiva Transport. The appellant was earning Rs. 1,38,690 per annum, which was proved by the Income Tax Return-Ex. PW1/5. The appellant has to undergo another surgery for removal of the nails. The appellant is unable to drive any vehicle after the accident and has also suffered the loss of income on that account.

(3.) The learned Tribunal has awarded Rs. 5,200 towards medical expenses, Rs. 15,000 towards future medical expenses, Rs. 40,000 towards loss of income, Rs. 2,36,000 towards loss of earning capacity, Rs. 60,000 towards pain and sufferings, Rs. 75,000 towards loss of amenities, Rs. 14,100 towards attendant charges, Rs. 5,000 towards conveyance charges and Rs. 5,000 towards special diet. The total compensation awarded is Rs. 4,55,300 rounded of as Rs. 4,56,000.