JUDGEMENT
-
(1.) This appeal is filed for enhancement of compensation awarded to the appellant on account of injuries received by him in a motor vehicle accident, which occurred on 30.10.2008.
(2.) Learned counsel for the appellant argued that the Tribunal awarded only Rs.1,45,000/- to the appellant, though he was permanently disabled qua full body i.e. there was 100% disability. He relied upon the authority New India Assurance Company Ltd. Vs. Col. Sanjeev Kumar and others, 2012 ACJ 2105, in which it was held by a coordinate bench of this Court that since there was total loss of income, multiplier of 14 should be applied for 100% disablement. Though the judgment is not binding here, yet it may be mentioned that it is distinguishable on facts as there was total loss of income whereas in the present case, it is undisputed fact that the injured is getting Rs.40,000/- per month regularly from his employer.
(3.) So far as the disability is concerned, the certificate Ex.P3 was referred to by learned counsel for the appellant stating that it was categorically mentioned in the certificate that the disability was to the extent of 100% and the document was proved by Dr. Balwinder Singh. The Tribunal awarded an amount of Rs.1 lac towards permanent disability, which was not even pittance.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.