ANIL CHAUDHRY Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE appeal is for enhancement of compensation of Rs.92,000/ -with interest @ 6 % per annum from the date of filing of the petition granted to the Appellant for having suffered injuries in a motor vehicular accident which occurred on 15.04.1993.

(2.) DURING enquiry, the Claims Tribunal on appreciation of evidence found that the accident was caused due to rash and negligent driving of a truck bearing no.DEG -2343 as well as the Appellant himself and hence, it assessed equal contribution of both the parties and made the Respondent Insurance company liable to pay compensation only of 50% of Rs.1,84,000/ -, i.e., Rs92,000/ -. While doing so, the Claims Tribunal awarded Rs.10,000/ - for purchase of medicines, Rs.5,000/ - towards conveyance charges and Rs.5,000/ - towards special diet, Rs.20,000/ - towards pain and sufferings, and Rs.1,44,000/ - towards loss of earning capacity. On date of the accident, the functional disability caused to the Appellant comes to be 25% on an income of Rs.3,000/ - per month.

(3.) FOLLOWING contentions are raised on behalf of the Appellant: -