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2015 Supreme(Del) 260

G.P.MITTAL
Anil Chaudhry – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Appearance not given
For the Respondent:R1, Pardeep Gaur, Advocate

JUDGMENT:-

G.P. Mittal, J.

1. The appeal is for enhancement of compensation of Rs.92,000/- with interest @ 6 % per annum from the date of filing of the petition granted to the Appellant for having suffered injuries in a motor vehicular accident which occurred on 15.04.1993.

2. During enquiry, the Claims Tribunal on appreciation of evidence found that the accident was caused due to rash and negligent driving of a truck bearing no.DEG-2343 as well as the Appellant himself and hence, it assessed equal contribution of both the parties and made the Respondent Insurance company liable to pay compensation only of 50% of Rs.1,84,000/-, i.e., Rs92,000/-. While doing so, the Claims Tribunal awarded Rs.10,000/- for purchase of medicines, Rs.5,000/- towards conveyance charges and Rs.5,000/- towards special diet, Rs.20,000/- towards pain and sufferings, and Rs.1,44,000/- towards loss of earning capacity. On date of the accident, the functional disability caused to the Appellant comes to be 25% on an income of Rs.3,000/- per month.

3. Following contentions are raised on behalf of the Appellant:-

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