UNITED INDIA INSURANCE CO. LTD Vs. ASHWANI SONI

JUDGEMENT

(1.) BOTH the parties have challenged the impugned award of the Claims Tribunal whereby the compensation of Rs. 7,22,858/- has been awarded to the claimant, Ashwani Soni. The appellant in MAC.APP.No.873/2005 is seeking reduction of the award amount whereas the appellant in MAC.APP.No.943/2005 is seeking enhancement of the award amount.

(2.) THE accident dated 14th September, 2001 resulted in 50% permanent disability to the claimant in respect of right lower limb. THE Claims Tribunal awarded Rs. 3,73,248/- towards loss of income due to 50% permanent disability, Rs. 15,552/- towards loss of income during treatment, Rs. 2,99,058/- towards medical expenditure, Rs. 5,000/- towards special diet and conveyance and Rs. 30,000/- towards mental pain, suffering and loss of love. THE total compensation awarded is Rs. 7,22,858/- along with interest @6% per annum.

(3.) CONSIDERING that the Claims Tribunal has not considered the Income Tax Return, Ex.PW-2 for computation of loss of earning capacity, it would be appropriate to remand this matter back to the Claims Tribunal for fresh decision.