BULAN DAS Vs. DHARAMBEER & ORS.

JUDGEMENT

(1.) IN view of the judgment dated 05.11.2012 passed by the Supreme Court of India in Civil Appeal No. 7874/2012, the Appeal (MAC. APP. 814/2011) is restored to its original number. These two Appeals arise out of a judgment dated 06.06.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 18,69,000/ - was awarded in favour of Bulan Das who suffered injuries in a motor vehicle accident which occurred on 01.09.2010.

(2.) MAC .APP. 745/2011 has been filed by Bulan Das, who suffered amputation of both of his legs below knee, for enhancement of compensation on the ground that the functional disability should have taken as 100% as against 88% taken by the Claims Tribunal. It is stated that the compensation awarded towards non -pecuniary damages is on the lower side.

(3.) FOR the sake of convenience, Appellant in MAC.APP. 745/2011 shall be referred to as Claimant and Appellant in MAC.APP. 814/2011 shall be referred to as the Insurance Company.