LAWS(DLH)-2017-12-271

SHASHI Vs. BHUSHI KUMAR & ORS

Decided On December 11, 2017
SHASHI Appellant
V/S
Bhushi Kumar And Ors Respondents

JUDGEMENT

(1.) The appellant was the claimant before the motor accident claims tribunal in an accident claim case (Suit No.176/10) instituted by her on 24.04.2010, it having resulted in judgment dated 30.11.2011, whereby compensation in the total sum of Rs.2,69,500/- was awarded in her favour with interest @ 7.5% per annum, the liability having been fastened on the third respondent (insurer), it having admittedly issued the insurance policy covering third party risk in respect of the vehicle, the negligent driving of which was found to have given rise to the cause of action.

(2.) The tribunal awarded the compensation, calculating it thus:- <FRM>JUDGEMENT_271_LAWS(DLH)12_2017_1.html</FRM>

(3.) It may be added here that the tribunal noted that the claimant had suffered injuries in his left upper limb which had rendered her permanently disabled, such physical impairment having been certified by Ex.PW-2/A by a board of doctors of G.T.B. hospital, Govt. of NCT of Delhi to be permanent and 90% in relation to the said part of the body. The tribunal took it to be a case of functional disability to the extent of 25% and granted the award accordingly.