NEW INDIA ASSURANCE CO LTD Vs. VIJAY BABBAR

JUDGEMENT

(1.) G. P. MITTAL, J. The Appellant New India Assurance Company Limited impugns a judgment dated 27.11.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.23,04,801/- along with interest @ 7.5% per annum was awarded in favour of the First Respondent (the Claimant).

(2.) THE Appeal has been filed on the grounds, inter alia, that the Disability Certificate Ex.PW-1/C showing disability of 69% in respect of both lower limbs has not been proved by examining a concerned doctor in terms of the judgment in Rajesh Kumar v. Yudhvir Singh & Anr., 2008 ACJ 2131; that the functional disability taken by the Claims Tribunal to be 50% was on the very higher side.

(3.) CONSIDERING the fact that the Disability Certificate was not proved by examining the concerned doctor and the fact that the First Respondent claims that he needs further surgery and is still under treatment, it would be appropriate to remand the case to the Claims Tribunal with the direction to get the Disability Certificate proved and to allow the First Respondent to lead evidence with regard to the future treatment/surgery.