NATIONAL INSURANCE CO LTD Vs. SANJAY & ORS

JUDGEMENT

(1.) The first respondent was the claimant before the motor accident claims tribunal in accident claim case (MACT No.942/10/07), instituted on 14.03.2008, seeking compensation for the injuries suffered in a motor vehicular accident that had occurred on 31.10.2007, involving negligent driving of water tanker bearing registration No.DL-1GB-3548, admittedly insured against third party risk for the period in question with the appellant (the insurer). The tribunal held that the injuries had been sustained and consequently the claimant had been rendered permanently disabled due to negligence on the part of the driver of the water tanker. It awarded compensation in the total sum of Rs.11,26,018/-, calculating it thus:- <FRM>JUDGEMENT_300_LAWS(DLH)1_2018_1.html</FRM>

(2.) The tribunal directed the insurer to pay the aforesaid amount with interest @ 9% per annum, also adding the liability of payment of Rs.51,000/- towards lawyers' fee and Rs.4,000/- as out of pocket expenses for the counsel for the claimant.

(3.) The insurer filed the present appeal and presses it taking exception to the assessment of the functional disability at 70% pointing out that this is way above the medical opinion about the physical disability in relation to the right lower limb. Exception is also taken to the directions for payment of lawyers' fee and out of pocket expenses.