NEW INDIA ASSURANCE CO LTD Vs. DEEPAK AGGARWAL

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 28.4.2012 passed by the Motor Accidents Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.10,21,876/ - was awarded by the Claims Tribunal in favour of Respondent no.1 for having suffered injuries and multiple fractures in both of his legs resulting in 45% disability in respect of left lower limb in a motor vehicular accident which occurred on 14.10.2010. The compensation awarded by the Claims Tribunal under various heads is tabulated hereunder: -

(2.) RELYING on the judgment of Raj Kumar v. Ajay Kumar and Anr., 2011 1 SCC 343, it is urged by learned counsel for the Appellant Insurance Company that the Claims Tribunal erred in taking functional disability to the extent of 35%. The learned counsel urges that the functional disability ought to have been taken as 23% only. It is further contended that compensation of Rs.75,000/ - each towards pain and suffering, loss of amenities and loss of life expectancy is on the higher side. It is also urged that there was no evidence to show that Respondent no.1 is a skilled worker as his driving licence was not proved.

(3.) ON the other hand, the learned counsel for Respondent no.1 supports the impugned award and submits that the compensation awarded is just and reasonable.