UNITED INDIA INSURANCE CO LTD Vs. RAMA SWAMY

JUDGEMENT

(1.) THE Appellant United India Insurance Co. Ltd. seeks reduction of compensation of Rs. 4,35,779/- awarded to the first Respondent in respect of the injuries suffered by him in a motor accident, which took place on 11.08.2006 while the first Respondent was crossing the road.

(2.) THE Appellant suffered multiple grievous injuries i.e. compound fracture BB right leg with fracture dislocation of surgical neck right humerus, deep wound and laceration on the left side of the forehead. THE first Respondent was removed to AIIMS. He was then shifted to Safdarjung Hospital where he remained admitted from 12.08.2006 to 20.08.2006. He was on leave from the date of the accident till 15.03.2007. THE first Respondent received treatment as an outdoor patient from 15.03.2007 till 23.07.2007. THE treatment continued even thereafter. THE first Respondent suffered permanent disability in respect of the right upper limb and the right lower limb to the extent of 28%. THE disability certificate Ex. PW-1/15 describes the disability as under: -

(3.) THERE is no cross Appeal filed by the first Respondent. The learned counsel for the first Respondent, however, submits that he can resist the Appeal pleading enhancement of compensation under the heads he was granted low compensation and assessing grant of compensation under the heads where it was not considered. He submits that the compensation awarded towards loss of amenities, pain & suffering, special diet and conveyance was on the lower side considering the prolonged duration of treatment taken by the first Respondent both as an indoor and outdoor patient. In my view without filing a Cross Appeal, the first Respondent can justify and plead that the overall compensation awarded by the Tribunal was just and proper. Of course, if any Claimant seeks enhancement, he would be under an obligation to file Cross Objections/Appeal.