KARAM SINGH Vs. MOBIN KHAN

JUDGEMENT

(1.) THE appeals are at the instance of the claimants seeking for enhancement of compensation. The awards had been passed only against the owner exonerating the insurance company on the ground that the owner was not shown that his driver had been duly licensed.

(2.) IT was a case of amputation of the hand above elbow and the claimant is a police personnel drawing a salary of Rs. 2596/ -. The claimant had suffered also a fracture on his leg and he was operated on 30.03.1993 and an iron rod had been inserted. He gave evidence to the effect that he used to hire taxi on every visit to the hospital and the Tribunal, therefore, observed that he should have spent at least Rs. 10,000/ - for hospital and transportation. He had also purchased an artificial limb, which was said to have cost Rs. 13,000/ -. He had given evidence to the effect that he was getting training for using the artificial limb. The doctor had prescribed him a special diet and the Tribunal observed that he must have spent about Rs. 20,000/ - towards special diet. All the same, the Tribunal did not provide for separate heads of compensation but had provided for a lump sum amount of Rs. 1 lac.

(3.) THE total compensation that would become payable will be Rs. 7,59,000. The amount in excess of what has already been provided will attract interest @7.5% from the date of petition till the date of payment and will be borne by the Insurance Company. It shall have a right of recovery of the same from the owner in terms of the law laid down by the Hon'ble Supreme Court in National Insurance Company Limited Vs. Swaran Singh (2004) 3 SCC 297.