PREM VERMA Vs. SAT PAL

JUDGEMENT

(1.) THESE four appeals are being disposed of together as they arise out of the same accident. Two appeals FAO No. 298 of 2011, titled National Insurance Company Ltd. vs. Prem Verma and another and FAO No. 299 of 2011, titled National Insurance Company Ltd. vs. Harish Singh Negi and another have been filed by the Insurance Company challenging the quantum awarded, whereas the claimants in FAO No. 209 of 2011, titled Prem Verma vs. National Insurance Company Limited & another and FAO No. 212 of 2011 titled Harish Singh Negi vs. Sat Pal and another have challenged the adequacy of compensation granted.

(2.) THE facts which are not disputed are (a) the factum of accident and (b) the injuries which have been sustained by the claimants. It is the method for computation of damages which is challenged by both the appellants in all the appeals.

(3.) COMPENSATION of Rs. 4,52,000/ - was awarded to Shri Prem Verma who had suffered injuries in the upper portion of his left arm. PW4 Dr. Lokesh Thakur, Assistant Professor Orthopedic Surgery, IGMC, Shimla had treated him from 11.7.2008 to 13.8.2008. Surgery was conducted on the injured by this witness. Ext. PW2/A is the indoor treatment record of the petitioner. PW4 Dr. Lokesh Thakur was a member of the medical board who examined the petitioner on 19.8.2009. The petitioner -claimant had suffered multiple fractures in the left arm, wrist, hand and disability thereof was of permanent character which was assessed as 42% in disability certificate Ext. PW2/C. The case of the petitioner therein was that he had suffered a loss quantified at Rs. 10 lacs. While awarding the compensation the learned Tribunal allowed a sum of Rs. 3,25,000/ - on account of loss of future income, loss of amenities of life, loss of expectation of life, inconvenience, hardship, mental stress, dejection, frustration etc. In all a sum of Rs. 4,52,000/ - was awarded.