ORIENTAL INSURANCE CO LTD Vs. HIRALAL

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.4,92,700/- awarded in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 27.11.1999.

(2.) ON the fateful day, while the First Respondent was returning to his jhuggi on his bicycle along with one Ramesh, his neighbour, a Tata truck No.HR-46-1917 being driven in a rash and negligent manner by the Second Respondent came from behind and struck against his bicycle. The First Respondent fell down. Left wheel of the truck ran over the right hand/wrist leading to heavy bleeding. The First Respondent was removed to Adarsh Nursing Home, Sarai Peepal Thalla and was then treated in Hindu Rao Hospital. He was issued a Permanent Disability Certificate showing 40% disability because of deformity in his right hand and crushing of the fingers.

(3.) ON the other hand, it is urged by the learned counsel for the First Respondent that on account of the crush injuries on the right hand and wrist, the First Respondent was totally incapacitated to carry out the work and thus there is no error or infirmity in taking the loss of earning capacity as 100%.