NEW INDIA ASSURANCE CO. LTD. Vs. RIYA DUTTA

JUDGEMENT

(1.) The present appeal is preferred against the impugned award dated 30.11.2011, whereby the learned Tribunal has granted compensation as under:- <FRM>JUDGEMENT_1001_ILRDLH24_2014_1.html</FRM>

(2.) Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the learned Tribunal has erred in awarding the compensation despite the fact it has specifically held that no compensation can be granted on account of loss due to permanent disability since neither PW5 Dr. N.Z. Farooqui, Member of Board constituted by Deen Dayal Upadhyay Hospital (for short "DDU") nor the Board constituted by All India Institute of Medical Sciences (for short "AIIMS") has assessed percentage of disability.

(3.) Learned counsel further submitted that due to accident the claimant/respondent No. 1 is suffering from Post Traumatic Trigeminal Neuralgia and 7th Nerve Paresis with persistent Epiphora. As per the statement of Dr. S.K. Khokhar, it may have permanent effect as claimant may start headache at any time and it may create hindrance in her studies, however, stated that no permanent disability was assessed by the Medical Board. Despite that, the learned Tribunal has awarded a sum of Rs.1,00,000/- for pain and suffering on a higher side.