NATIONAL INSURANCE CO. LTD. Vs. SUNIL KUMAR

JUDGEMENT

(1.) BY the present appeal the appellant seeks to impugn the Award dated 04.04.2012.

(2.) THE brief facts which led to the filing of the claim petition are that Shri Sunil Kumar, respondent No. 1 met with an accident on 25.11.2003. He was proceeding towards Gupta Farm, Dhansa Road, Dhansa Border, New Delhi on his Bajaj Chetak scooter. On Dhansa Border he was hit by a truck(Tata make) which came from behind and was driven by respondent No. 2 [now deceased and represented by respondent No. 2(a) to 2(e)] at a very high speed in a rash and negligent manner. The offending vehicle hit the scooter and thereafter ran over the legs of respondent No. 1. Based on the evidence on record, the Tribunal awarded the following compensation

(3.) A perusal of the Award shows that the Tribunal has noted that respondent No. 1 on the date of the accident is stated to be of 26 years. However, a perusal of the Disability Certificate shows his age to be 33 years. Hence, the Tribunal took his age to be 28 years. The Disability Certificate is Ex. PW1/102. The Tribunal noted that respondent No. 1 is physically handicapped having 94 per cent permanent physical impairment in relation to left lower limb. The Tribunal, without going into the facts of the case pertaining to loss of income due to disability suffered by respondent No. 1, simply assessed the functional disability at 94 % based on the Disability Certificate.