NARESH KUMAR SINGH Vs. SUBHASH CHAND AND OTHERS

JUDGEMENT

(1.) The appellant, Naresh Kumar Singh, then aged 32 years, earning his livelihood as rickshaw puller, met with a motor vehicular accident at about 8.50 p.m. on 24.10.2006 due to rash driving of a car bearing registration No. HR-02/K-7111, it admittedly insured against third party risk with ICICI Lombard General Insurance Company Ltd. (fourth respondent/insurer). As a result of the injuries sustained, he was rendered permanently disabled, the disability being certified (per Ex. PW2/1) on 12.09.2008 by board of doctors of Sanjay Gandhi Memorial Hospital of the Govt. of NCT of Delhi to be permanent to the extent of 78% in relation to the full body, it arising out of the head injury resulting in quadric-paresis with right facial palsy, to put it simply, paralysis of one side of the body including both limbs of that side. He filed an accident claim case (petition No. 232/2007), on 08.03.2007, seeking compensation impleading the driver, owners and the insurer of the said vehicle as respondents.

(2.) After inquiry, the Motor Accident Claims Tribunal (Tribunal), by its judgment dated 07.02.2009, held that the accident had occurred due to the negligent driving of the above mentioned vehicle. It awarded compensation in the total sum of Rs. 4,66,622.96 and directed the insurer (fourth respondent) to pay the same with interest at the rate of 8% p.a, the said amount being inclusive of Rs. 3,51,336.96 towards loss of future earning capacity, on account of disability, it being assessed as 78% functional disability, besides Rs. 25,000/- towards pain and injury, Rs. 40,286/- towards medical expenses, Rs. 20,000/- towards special diet and conveyance and Rs. 30,000/- towards future medical expenses.

(3.) By the appeal at hand, the appellant raises grievance stating that award of compensation granted is deficient.