LAWS(J&K)-2010-8-52

UNITED INDIA INSURANCE COMPANY LTD. Vs. AMIT KUMAR

Decided On August 12, 2010
UNITED INDIA INSURANCE COMPANY LTD. Appellant
V/S
AMIT KUMAR Respondents

JUDGEMENT

(1.) United India Insurance Company, the Appellant herein (for short to be referred to as Insurance Company) being aggrieved of the quantum of compensation awarded in favour of Amit Kumar, the Respondent-claimant herein (for short to be referred to as claimant) to the tune of Rs. 3,06,000/- on account of the disablement suffered by him in a vehicular accident, has preferred the instant appeal.

(2.) It needs to be mentioned here that the claimant was also awarded a sum of Rs. 17,500/- for damage to his vehicle (motor cycle). However, no appeal has been preferred in this regard.

(3.) The permanent disablement assessed in this case is of ten percent as per the evidence of Dr. Shalinder Sharma, who had examined the claimant and issued disability certificate. It has also come in his evidence that the claimant would need another surgery for removal of implant. The medical record of Govt. Medical College, Jammu produced by the claimant shows that he was admitted in Govt. Medical College, Jammu on 21-01-2002 under MRD No. 284099 and remained there in a particular ward upto 06-02-2002 and shifted to ortho-unit from where he was discharged on 11-2-2002 on the request of attendants of the patient as they wanted his treatment from a private doctor for the fracture of his left femur bone. The evidence on record is that the Petitioner was being treated for respiration trauma also on account of sustaining multiple injuries.