NATIONAL INSURANCE CO. LTD Vs. DAULAT SINGH

JUDGEMENT

(1.) BEING aggrieved by the order dated 19.10.2001, passed by MACT, Shajapur, in Misc. Claim Case No. 115/2001, whereby the award dated 27.8.2001, passed by MACT, Shajapur, in Claim Case No. 25/2001, whereby a sum of Rs. 89,500 has been awarded along with interest @ 12% p.a. was modified and enhanced to Rs. 2,99,700, the present appeal has been filed.

(2.) SHORT facts of the case are that in a motor accident respondent No. 1 sustained grievous injuries and multiple fractures in left leg. Respondent No. 1 was hospitalized at Gandhi Hospital, Bhopal from 10.7.1997 to 17.8.1997, operation took place, rod was inserted and again respondent No. 1 was hospitalized from 14.5.1998 to 21.5.1998. Respondent No. 1 filed claim petition which was allowed and a sum of Rs. 89,500 has been awarded. The breakup of the amount awarded by the learned Tribunal is as under: Rs. 4,500 towards medical expenses. Rs. 50,000 towards expenses incurred on attenders, hospital charges and other expenses. Rs. 25,000 towards premature retirement. Rs. 10,000 towards pains and sufferings.

(3.) LEARNED Counsel for the appellant submits that the learned Tribunal committed error in passing the order dated 19.10.2001. Learned Counsel further submits that even if it is assumed that application filed under Section 152, C.P.C. was rightly allowed by the learned Tribunal then too there is no justification for awarding the loss of income for the period of four years on account of premature retirement. It is submitted that even if it is found that respondent No. 1 was not in a position to discharge his duties on account of permanent disability and he was compelled to take premature retirement then too the amount which respondent No. 1 was to receive on account of pension for that period ought to have been deducted, which has not been done by learned Tribunal.