ORIENTAL INSURANCE CO. LTD Vs. ANIL KUMAR SHARMA

JUDGEMENT

(1.) THE parties have challenged the award of the Claims Tribunal whereby the compensation of Rs. 12,80,000/- has been awarded to the claimant, Anil Kumar Sharma. THE appellant in MAC.APP.No.414/2007 is seeking reduction of the award amount whereas the appellant in MAC.APP.No.476/2007 is seeking enhancement of the award amount.

(2.) THE claimant, a mechanical engineer aged 32 years at the time of the accident, suffered 75% permanent disability in relation to his whole body in the accident dated 27th October, 2004. THE Claims Tribunal took the loss of earning capacity of the claimant to be 50% and awarded Rs. 5,00,000/- towards loss of income due to permanent disability, Rs. 70,000/- towards pain and suffering, Rs. 30,000/- towards medical expenditure, Rs. 20,000/- towards special diet, Rs. 50,000/- towards conveyance, Rs. 1,60,000/- towards attendant charges, Rs. 2,50,000/- towards loss of income during treatment and Rs. 2,00,000/- towards loss of amenities of life. THE total compensation awarded is Rs. 12,80,000/-.

(3.) THE learned counsel for the appellant in MAC.APP.No.414/2007 seeks reduction of the award amount on the following grounds:-