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2014 Supreme(Del) 2513

JAYANT NATH
Rashid Rahbar – Appellant
Versus
Oriental Insurance Co Ltd. – Respondent


Advocate Appeared
For the Appellant:Padmini Gupta, Advocate.
For the Respondents:J.P.N. Shahi, Kirti Sethi, Advocates.

Judgment

Jayant Nath, J.

1. Present appeal is filed by the appellant seeking enhancement of compensation. The brief facts which led to filing of the claim petition and thereafter the present appeal is that on 17.10.2007 the appellant was going with his brother on a motorcycle. In front of RTO Office before Police Post Okhla, Delhi, their motorcycle was hit by a truck said to be driven at a very fast speed in a rash and negligent manner. The motorcycle fell down and the appellant suffered grievous injuries. The offending vehicle crushed the left leg of the appellant which had to be amputated.

2. On compensation the Tribunal awarded the following compensation:-

Loss of Income Rs. 1,24,576/-

Loss of earning capacity due to disability Rs.11,11,840.80

Medicines and medical treatment Rs. 38,514/-

Future treatment/artificial limb Rs. 2,45,250/-

Loss of Academics Nil

Pain and sufferings Rs. 25,000/-

Loss of marriage prospects Rs. 25,000/-

Conveyance, special diet and attendant Rs. 30,000/-

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

Physical disfigurement Rs. 25,000/-

TOTAL COMPENSATION Rs.16,50,180.80.

3. The Tribunal assessed the income of the appellant based on the appointment letter of HDFC Standard L




































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