NAKUL KARMAKAR Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS court has heard the learned Advocates for the respective parties and has also considered the materials on record. It appears from the impugned judgement/award that the Learned Tribunal concerned came to the finding that the claimant/appellant met with an accident and suffered injuries which resulted in his permanent disablement to the extent of 50%. The Learned Tribunal also found that the vehicles in question were responsible for the accident which resulted in the injury to the claimant/appellant. The Learned Tribunal ultimately passed an award for Rs. 25,550/- only on the ground of loss of earnings during treatment for eleven days and for pain and sufferings. The Learned Advocate appearing on behalf of the claimant/appellant submitted that the claimant/ appellant 's case was that he was earning of Rs 2500/- per month and in this regard he has produced a certain certificate. It appears from the records that with regard to such statements of the claimant/appellant cross �examination was declined on behalf of the contesting parties.

(2.) THUS, this court is of the view that it cannot be disputed that the claimant/ appellant was earning of Rs. 2500/- per month before the accident took place. We further find that it was suggested to the claimant/ appellant that he was earning Rs. 1,000/- per month, i.e. after the accident took place. If we assume that 50% disablement took place then if the accident had not occurred, even according to the contesting respondents, the income would have been Rs. 2000/- per month. Be that as it may, since the insurance company concerned declined to crossexamine the claimant/appellant with regard to the latter 's statement that he was earning of Rs 2500/- per month, we proceed on the basis that the claimant/appellant was earning of Rs. 2500/- per month before the accident took place. With regard to the extent of permanent disability of the claimant/appellant, the medical certificate granted by the authority concerned shows that the claimant/appellant has suffered 50% permanent disability. There is nothing on record to disprove such state of affairs. Therefore, there is no impediment in taking into consideration the fact that the claimant/ appellant has suffered 50% permanent disability. The age of the claimant/ appellant has been shown to be 31 years at the time of accident.

(3.) THE respondent No 1 shall deposit the cheque which is to be issued in favour of the claimant/appellant in the office of the Learned Tribunal below concerned and the claimant/appellant shall be entitled to obtain the said cheque from the office of the Learned Tribunal below concerned on proper proof of his identity. In view of the judgement passed above, the impugned judgement/award is set aside and the appeal is disposed of. Lower Court Records be sent back to the learned Tribunal concerned immediately. Urgent Xerox certified copy of this judgement, if applied for, be given to the parties on compliance of usual formalities.