AMRIK PRASAD Vs. SUNIL KUMAR & ORS.

JUDGEMENT

(1.) THESE two Cross Appeals arise out of a judgment dated 12.08.2010 whereby a compensation of Rs.5,85,942/ - was awarded to Amrik Prasad, a tailor by profession, for having suffered amputation of his right leg below knee, in a motor accident which occurred on 20.10.2006. MAC APP.726/2010 is by New India Assurance Company Limited for reduction of the compensation while MAC APP.855/2010 is for enhancement of compensation.

(2.) FOR the sake of convenience Amrik Prasad, the Appellant in MAC 855/2010 shall be referred to as the Claimant and New India Assurance Company Limited shall be referred to as the Insurance Company.

(3.) IT is not disputed that immediately after the accident on 20.10.2006, the Claimant was removed to Safdarjung Hospital where an amputation of the right leg had to be carried out because of a serious crush injury. The Claimant was discharged from the hospital on 26.10.2006. A Disability Certificate Ex.PW -1/33 was issued by the Board of Doctors, Safdarjung Hospital to the effect that the Claimant had suffered 60% permanent disability in respect of his right lower limb.