NEW INDIA ASSURANCE CO LTD Vs. MEGH NATH

JUDGEMENT

(1.) THIS appeal is arising out of judgment and order passed by the concerned Motor Accidents Claims Tribunal on 26th March, 2008.

(2.) THE contention of the appellant/insurance company is that the report of the medical board is not proved to determine the disability to the extent of 60%. Moreover, there should be 1/3rd deduction in view of the ratio of the judgment of Supreme Court in New India Assurance Co. Ltd. v. Charlie and another, 2005 59 ALR (SC) 626.

(3.) WE have gone through the judgment and order impugned hereunder to come to a definite finding in this cause even at the time of admission since we find the scope is limited. We find that the deceased is aged about 20 years. His monthly income is rupees two thousand per month on account of business of milk and agriculture as per evidence before the Tribunal. However, on the basis of medical board's report, Tribunal ultimately arrived at Rs. 1,200/- per month as loss of earning being 60% disability and thereafter come to a composite finding with regard to loss of income, disability and medical expenses and awarded compensation for an amount of Rs. 2,66,865/ -.