NATIONAL INSURANCE COMPANY LTD. Vs. PIARE LAL

JUDGEMENT

(1.) This appeal and cross-objection by the Insurance Company and the claimants respectively would relate to a judgment and decree dated June 13, 2006 passed by the Tribunal awarding rupees seven lacs in favour of the claimants.

(2.) The records would depict that claimant became permanently partially disabled when he met with an accident caused through the offending vehicle insured under the Insurance Company named above. Facts would also depict that the claimant being a member of Border Security Force was treated in the Military Hospital. His discharge certificate would show that the fracture was cured and the wound was healthy when he was discharged from the Hospital. He joined his service and got pay hike from time to time that came in usual course. The Insurance Company claimed that once he got pay hike there was no loss of income because of the alleged disability. Hence, there could not be any pecuniary damage. The Tribunal erred in awarding pecuniary damage that was not permissible. The claimant was unhappy as according to him he was ultimately discharged from service being declared medically unfit due to the injury caused to him by the said accident. Facts would depict such discharge was made four years after the accident. The Medical Board however observed that he was declared unfit because of the injury.

(3.) The respondent, subsequently, filed an application for adducing additional evidence. By the said application, the respondent brought on record an order of discharge passed by the Border Security Force Authority on January 2, 2008. On perusal of the said order, it appears that a Medical Board medically examined him on November 28, 2006. He was, subsequently, re-examined on October 1, 2007 when he was found disabled to the extent of fifty per cent. Considering such disability, he was declared medically unfit and discharged from service with effect from January 31, 2008.