MANOJ KUMAR YADAV Vs. AZAD AND ORS.

JUDGEMENT

(1.) CM-10069-CII-2013:

(2.) FAO-2119-2013:

(3.) Learned counsel for appellant/claimant submits that learned Tribunal should have assessed the monthly income of the appellant/injured at the rate of Rs.15,000/- (Rupees fifteen thousand only) per month; learned Tribunal has awarded Rs.5,000/- (Rupees five thousand) only for transport charges; a meagre sum of Rs.6,000/- (Rupees six thousand) has been awarded for nutritious diet; and that interest at the rate of 7.5% per annum was also on lower side. Learned counsel for the appellant also pointed out that learned Tribunal has wrongly declined the claim of Rs. 1,61,692/- (Rupees one lac sixty-one thousand six hundred and ninety-two) to the claimant, which was straightway paid by the insurance company to Paras Hospital, Gurgaon, where the appellant/claimant remained admitted as an Indoor patient. To elaborate his last contention, learned counsel submitted that the appellant/claimant after paying premium got mediclaim policy from the Insurance Company. Learned Tribunal has gone wrong in deducting the said amount from the award to which the appellant/claimant was entitled to. In support of his last contention, learned counsel has placed reliance on a judgment of Karnataka High Court in the case of Shaheed Ahmed v. Shankaranarayana Bhat and another, 2008 5 AIRKarR 460 and a judgment of Kerala High Court in the case of National Insurance Co. Ltd. v. Bijumon, 2012 1 RCR(Civ) 325.