MOHAN LAL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS is a claimants appeal filed against the judgment and order dt. 22nd of March 2006, passed by a learned Single Judge of this Court in CIMA No. 71/05.

(2.) THE facts in brief be noticed as under: - -

(3.) RESPONDENT -Insurance Company preferred an appeal bearing C1MA No.71/05 against the aforesaid award passed by the Tribunal, which came to be decided by a learned Single Judge of his Court vide judgment impugned dt. 22nd of March 2006, whereby the learned Single Judge has modified the award by reducing the future loss of income from Rs. 10,08,000/ - as awarded by the Tribunal to Rs.07,84,000/ - by making 1/3rd deduction. However, the multiplier was enhanced from 12 to 14. The total awarded amount as per the judgment impugned is now Rs. 11,56,400. It has further been ordered that the Insurance Company shall be liable to pay interest on the awarded amount @9% per annum, except on the amounts mentioned in items No. 1, 2 and 3 pendente lite i.e. Loss of income, Loss of Special diet and expenses on attendant. The claimant appellant is not satisfied with the order passed by the learned Single Judge so far as it relates to making of 1/3rd deduction from future loss of income. It is against this modification made by the learned Single Judge vide judgment impugned, the appellant has preferred this appeal.