NEW INDIA ASSURANCE CO LTD Vs. CHANDER SHEKHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 14.10.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.14,42,826/ - was awarded in favour of Respondent No.1 for having suffered serious injuries in a motor vehicular accident which occurred on 10.09.2005 at about 6:40 p.m. at Liyo Chowk, Konsewar Road, Rewari, Haryana. The compensation as computed in para 19 of the judgment is tabulated hereunder: - <FRM>JUDGEMENT_472_LAWS(DLH)1_2015.htm</FRM>

(2.) THE only contention raised by the learned counsel for the Appellant Insurance Company is that the Claims Tribunal erred in not assessing the functional disability of Respondent no.1 and instead straightway proceeded to award compensation on the basis of permanent disability suffered by Respondent no.1 on the basis of Disability Certificate Ex.PW -3/A.

(3.) PER contra, learned counsel for Respondent no.1 urges that Respondent no.1 was a young person having suffered traumatic paraparesis (# L2). Respondent no.1 lost strength in both of his lower limbs as a result of which he cannot walk without the help of a stick, he cannot run and he is unable to join any service including military service where an active person is required.