MANISH KUMAR GUPTA Vs. OM PARKASH AND OTHERS

JUDGEMENT

(1.) This order shall dispose of aforesaid two appeals, one filed by the claimant for enhancement of compensation and other by the insurance company, arisen out of a common award passed by the tribunal. Learned counsel for the claimant/appellant submits that compensation awarded by the tribunal is on the lower side and the same needs to be modified. The appellant has become handicapped having suffered 80% permanent disability and has become permanently dependent on others. The tribunal has also not granted any future medical expenses.

(2.) Learned counsel for insurance company, however, submits that accident did not occur due to rash and negligent driving of the vehicle in question, therefore, the insurance company is not liable to pay any compensation. She further submits that the amount of compensation granted is exaggerated and excessive.

(3.) I have heard learned counsel for the parties and given careful thought to the facts of the case.