N.I.A. CO. LTD. Vs. MD. MINATULLAH

JUDGEMENT

(1.) HEARD learned counsel for the parties. This appeal by the appellant -Insurance Company is directed against the judgment/award dated 12.7.2012, passed by the III Motor Accident Claims Tribunal, Rourkela, in M.A.C. Case No. 170 of 2008, awarding an amount of Rs. 18,35,029/ - as compensation, along with interest @ 6% per annum from the date of application, till payment.

(2.) LEARNED counsel for the appellant -Insurance Company submits that as no doctor has been examined by the claimant in support of the nature and extent of injuries sustained by him, the impugned order cannot be sustained. In this regard, it is submitted that as there is no evidence of the treating doctor, either oral or documentary, with regard to the extent of disability suffered by the claimant or with regard to percentage of loss of earning capacity and future treatment, the assessment of the compensation amount is not proper and justified. Further, it is submitted that the award of Rs. 40,000/ - towards attendant expenses and ancillary expenses is also without any basis. It is also submitted that the award of Rs. 3,00,000/ - towards mental agony, pain and suffering is also not proper and justified. Accordingly, it is submitted that the assessment of the compensation amount is wholly improper and illegal.

(3.) ON a perusal of the impugned award, it is seen that the learned Tribunal has taken into consideration the evidence on record, both oral and documentary, in coming to hold that the claimant has suffered physical disability resulting in 100% loss of earning capacity. In this regard, learned Tribunal has taken into consideration the disability certificate (Ext. 7) issued by the Medical Board and keeping in view the nature of work of a driver of a heavy passenger vehicle, has assessed the loss of earning capacity of the injured claimant as 100%.