ORIENTAL INSURANCE COMPANY LTD Vs. ARUN KUMAR

JUDGEMENT

(1.) THIS Appeal (MAC APP.225/2010) is for reduction of compensation of Rs.6,70,792.00 awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the First Respondent who suffered injuries in a motor vehicle accident which occurred on 18.12.2005.

(2.) THE finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company. Thus, the same has attained finality.

(3.) DURING inquiry before the Claims Tribunal it was claimed that the deceased was working as a Fitter with M/s. Lakshmi Engineering Works, G.T. Road, Shahdara, Delhi-95. No documentary or oral evidence was produced from the employer with regard to the First Respondent's employment with M/s. Lakshmi Engineering Works or his salary @ Rs.6,000.00 per month. The Claims Tribunal, therefore, took the minimum wages of a Non Matriculate and computed the loss of future income on 85% loss of earning capacity. The compensation awarded is tabulated hereunder:- <FRM>JUDGEMENT_4982_ILRDLH22_2012html1.htm</FRM>