LAWS(ALL)-2024-1-179

AKHIL AGARWAL Vs. NEW INDIA ASSURANCE CO. LTD.

Decided On January 08, 2024
Akhil Agarwal Appellant
V/S
NEW INDIA ASSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) Heard Sri R.K. Porwal, learned counsel for the appellant, Sri K.S. Amist, learned cunsel appearing on behalf of respondent no. 1 Insurance Company and perused the record. No one is present on behalf of respondent nos. 2 and 3.

(2.) This first appeal from order has been filed against the judgment and award dtd. 5/8/1999, passed by Motor Accident Claims Tribunal/Special Judge (E.C. Act), Etawah, in M.A.C.P. No. 320 of 1997 (Akhil Agarwal vs. Kaptain Singh and others) for enhancement of compensation.

(3.) It is submitted by learned counsel for the appellant that the claimant appellant has received grievous injuries in the accident which was occurred on 17/2/1997. The claimant appellant has become permanent disabled on account of injuries received in the accident and as per disability certificate issued by C.M.O., Etawah dtd. 18/8/1998, the disability was assessed 45%. The claims tribunal while calculating compensation has not considered the disability certificate filed by claimant disclosing his disability to the extent of 45%. The lower court record was summoned by this court and as per record, the disability certificate was filed by the claimant as Paper No. 39C/2 disclosing 45% disability. It is further submitted that the claimant-appellant had spent Rs.6.00 lakhs in his treatment and medical bills issued by Apolo Hospital was produced before the Claims Tribunal. The Insurance Company had not let any evidence in rebuttal but only Rs.1.00 lakh was awarded for the reason that the claimant has spent very excessive amount in his treatment at Apolo Hospital, Delhi, whereas doctors are also available in district Agra. Lastly, it is submitted that the age of the claimant appellant was 42 years at the time of accident and as such, he is also entitled for 40% future prospects in view of law laid down by the apex court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in 2017 (4) T.A.C. 673, but nothing has been awarded in terms of future prospects.