RASHID RAHBAR Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Present appeal is filed by the appellant seeking enhancement of compensation. The brief facts which led to filing of the claim petition and thereafter the present appeal is that on 17.10.2007 the appellant was going with his brother on a motorcycle. In front of RTO Office before Police Post Okhla, Delhi, their motorcycle was hit by a truck said to be driven at a very fast speed in a rash and negligent manner. The motorcycle fell down and the appellant suffered grievous injuries. The offending vehicle crushed the left leg of the appellant which had to be amputated.

(2.) On compensation the Tribunal awarded the following compensation:- <FRM>JUDGEMENT_225_LAWS(DLH)11_2014_1.html</FRM>

(3.) The Tribunal assessed the income of the appellant based on the appointment letter of HDFC Standard Life Insurance Co.Ltd.Ex.PW1/A1 which showed gross salary of Rs.15,572/- per month. It further assessed the functional disability of the appellant based on the disability certificate Ex.PW1/A which shows the functional disability of 70% in relation to left lower limb and the evidence of PW-1. Dr.Satish Kumar who assessed the functional disability at 48% in relation to the whole body. The Tribunal assessed the functional disability at 35%. Total compensation for loss of earning capacity due to disability was assessed at Rs.11,11,840/-.