NATIONAL INSURANCE CO LTD Vs. GURMEET SINGH

JUDGEMENT

(1.) THE Appellant seeks reduction of compensation of Rs. 35,23,328/- awarded to the Respondent No.1 who suffered serious injuries in an accident which occurred on 07.10.2004. THE Claims Tribunal by a judgment dated 06.05.2011 granted the compensation under various heads which can be tabulated as under:-

(2.) IT is urged by the learned counsel for the Appellant that there is duplication in the award as both the attendant charges for 79 months amounting to Rs. 2,61,000/- and the future attendant charges amounting to Rs. 8,64,000/- have been awarded. IT is submitted that the Respondent No.1 was awarded a sum of Rs. 6,47,800/- towards loss of income for 79 months at the same time he was awarded a compensation of Rs. 14,39,000/- towards loss of earning capacity on account of disability.

(3.) FOR having taken Physiotherapy but the same were declined by the Claims Tribunal on the ground that PW-6 Dr.Sushil Singh, Senior Resident, Department of Physical Medicine and Rehabilitation was silent about this. The bills having been proved the same ought to have been allowed. Moreover, the Court could have taken a judicial notice of the fact that a person who has suffered Hemiplegia needs constant physiotherapy to move his body parts. I would, thereFORe, award a further sum of Rs. 50,000/- towards future treatment and physiotherapy.