NATIONAL INSURANCE CO. LTD Vs. AMAN KAPUR

JUDGEMENT

(1.) THE appellant/Insurance Company has assailed the impugned award dated 07.04.2006, whereby the learned Tribunal has granted compensation as under: - <FRM>JUDGEMENT_3537_ILRDLH23_2013.htm</FRM> Interest at the rate of 5.5% per annum was also awarded from the date of filing of the petition till its realization.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued the present appeal on two grounds. Firstly, the assessment of permanent disability for quantifying the loss of income has not been considered properly by the learned Tribunal. Secondly, the amount received on account of Mediclaim Policy has not been deducted from the cost of treatment by the learned Tribunal.

(3.) HE submitted that the learned Tribunal has wrongly presumed permanent disability to the extent of 100% ignoring the medical evidence on record. For deciding the issue of percentage of permanent disability, the law has been well settled in the case of Raj Kumar Vs. Ajay Kumar & Anr., 2011 ACJ 1.