UNITED INDIA INSURANCE COMPANY LIMITED Vs. ANURAG T.

JUDGEMENT

(1.) A 20 year old young boy sustained injuries in a motor accident due to the negligence of the driver of the vehicle insured by the appellant Insurance company. The tribunal awarded a total amount of Rs. 22,16,000/-. Out of which, Rs. 12,85,000/- was awarded for future treatment. For that part of the amount, only interest was awarded from the date of award. Only quantum of compensation is disputed in the appeal. The tribunal considered the injuries as per the medical certificate at paragraph 11 which is as follows:

(2.) Counsel for the Insurance company pointed out that in the original claim petition, no claim for future treatment was made. But after the arguments were over, claim was amended. However, as rightly pointed out by the tribunal that Honourable court in Nagappa v. Gurudayal Singh and Ors., held that compensation for future treatment should be granted where the victim injured periodically and he cannot file application and it is the duty of the tribunal to assess the same. Therefore, tribunal awarded compensation for future treatment expenses. For that the tribunal considered various evidence which is as follows: