LAWS(DLH)-2013-5-57

NARESH KUMAR Vs. NATIONAL INSURANCE CO LTD

Decided On May 02, 2013
NARESH KUMAR Appellant
V/S
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) THE present appeal has been preferred against the impugned award dated 04.08.2011, whereby the learned Tribunal has granted the compensation as under:-

(2.) THE appellant is seeking enhancement of the compensation amount mainly on the ground that the appellant has suffered 80% permanent physical disability and to this effect, disability certificate was issued by Hindu Rao Government Hospital, Delhi by Board of Doctors. In spite of that, the learned Tribunal has failed to grant any compensation for permanent disability occurred to appellant due to the accident.

(3.) LEARNED counsel further submitted that the learned Tribunal has considered and recorded in its impugned judgment that the appellant has sustained 80% permanent disability in relation to right lower limb. Permanent Disability Certificate Ex. PW1/8 has been proved by Dr. Arun Yadav. The age of petitioner was about 54 years at the time of the accident. There is amputation above knee in right leg. The learned Tribunal has observed that because of permanent disability, the appellant would not be able to run and walk properly. He would also face difficulties in proper sitting and thereby would not enjoy all kinds of amenities of life in which right leg would be required.