KUNAL GAURAV SAXENA Vs. ANIL KUMAR

JUDGEMENT

(1.) The aforesaid cross- appeals - one by the claimants seeking enhancement of compensation awarded by the Tribunal and the other by the insurance company seeking reduction of the awarded amount and interest awarded thereon is usual tug of war in such cases which come before this court in a stream.

(2.) Kunal Gaurav Saxena, a young boy of 11 years of age met with an unfortunate accident on 12.9.1990 at about 6.45 p.m. when he was riding his bicycle near GRP office near Roadways Bus Depot, Ajmer when truck trailer No. RNW 8125 which was being driven in a rash and negligent manner hit Kunal Gaurav and one of the tyres of the truck crushed his middle part, resulting in complete paralysis of lower part of his body. The claimant filed application before the Tribunal for claim to the extent of Rs. 92,50,000.

(3.) Claims Tribunal vide its impugned order dated 4.6.1993 while deciding Claim Case No. 74 of 1991 awarded a sum of Rs. 7,02,793 under three heads in favour of the claimant-injured: (i) medical expenses Rs. 2,42,793, (ii) for loss of enjoyment of normal life and amenities Rs. 1,00,000 and (iii) for loss of earnings Rs. 3,60,000. Thus, total amount was Rs. 7,02,793. The Tribunal directed the payment of interest also at the rate of 15 per cent per annum from the date of filing the claim petition, i.e., 12.3.1991 and also costs of Rs. 1,000. The said compensation with interest is said to have been paid to the claimant by now.