NARENDERJEET KAUR Vs. KAMAL ANWAR & ORS

JUDGEMENT

(1.) The appellant had instituted accident claim case (Suit No.222/10) on 06.09.2007, seeking compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988 for the injuries suffered by her in the motor vehicular accident that had occurred on 31.07.2007, due to negligent driving of motor vehicle described as Ambassador car, bearing registration No.DL-2C-M-3212, proved to have been insured against third party risk for the period in question with the third respondent (insurer). On the basis of evidence led, the tribunal, by judgment dated 26.06.2012, upheld the said claim and awarded compensation in the total sum of Rs.2,69,768/-, fastening the liability to pay on the insurer with interest @ 9% per annum, calculating it thus:- <FRM>JUDGEMENT_287_LAWS(DLH)12_2017_1.html</FRM>

(2.) It may be added here that the claimant had relied on disability certificate (Ex.PX1), issued by board of doctors of Dr. Ram Manohar Lohia Hospital, Govt. of NCT of Delhi indicating her permanent physical impairment to be 32% in relation to right lower limb for the reasons of united fractures of femur right, both bones of the right leg having been left with condition of stiff knee, the limb having been shortened by one inch. The tribunal took this condition to be reflective of functional disability to the extent of 25% and granted the compensation inclusive of award on account of loss of future income, accordingly.

(3.) The appeal was filed seeking enhancement on the ground the said award is deficient.