NATIONAL INSURANCE CO LTD Vs. ASHOK KUMAR

JUDGEMENT

(1.) THESE two Appeals arise out of a common judgment dated 15.03.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.11,78,356/- was awarded in favour of Respondent No.1 (the Claimant) for having suffered injuries in a motor vehicle accident which occurred on 24.02.2010.

(2.) FOR the sake of convenience, the Appellant National Insurance Company Ltd. shall be referred to as the Appellant and the First Respondent shall be referred to as the Claimant.

(3.) IT is urged by the learned counsel for the Appellant that the Claimant did not loss his earning capacity. He was working as a Medical Record Clerk in a hospital run by Municipal Corporation of Delhi (MCD). At the time of the accident, he was getting a salary of Rs.21,602/- which increased to Rs.24,491/- during the pendency of the Claims Petition. Thus, the Claimant did not suffer any loss on account of future earning capacity. Reliance is placed on Raj Kumar v. Ajay Kumar & Anr., 2011 (1) SCC 343. It is contended that the Claims Tribunal erred in granting a sum of Rs. 5,05,500/- towards loss of future earning capacity.