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2013 Supreme(Del) 1615

SURESH KAIT
National Insurance Co. Ltd. – Appellant
Versus
Aman Kapur – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Pradeep Gaur, Advocate.
For the Respondents:R1, L.K. Tyagi, Advocate.

Judgment :

Suresh Kait, J.

1. The appellant/Insurance Company has assailed the impugned award dated 07.04.2006, whereby the learned Tribunal has granted compensation as under:-

“Loss of income (2500

x 12 x 17 x 1) Rs.5,10,000/-

Medical expense Rs.3,48,049/-

Expense on attendant Rs.25,000/-

Pain & sufferings Rs.25,000/-

Loss of amenity of life Rs.25,000/-

Future treatment Rs.50,000/-

Special diet & Rs.20,000/-

conveyance

TOTAL Rs.10,03,049/-

(rounded off) Rs.10,03,000/-”

Interest at the rate of 5.5% per annum was also awarded from the date of filing of the petition till its realization.

2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued the present appeal on two grounds. Firstly, the assessment of permanent disability for quantifying the loss of income has not been considered properly by the learned Tribunal. Secondly, the amount received on account of Mediclaim Policy has not been deducted from the cost of treatment by the learned Tribunal.

3. Learned counsel has argued that the disability certificate Ex.PW2/30 issued by the All India Institute of Medical Sciences, New Delhi establishes 50% disability suffered on acc
















































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