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2015 Supreme(Del) 416

G.P.MITTAL
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Kasib – Respondent


Advocate Appeared:
For the Appellant:Suman Bagga, Pankaj Gupta, Advocates.

Judgment

1. The appeal is for reduction of compensation of Rs.18,81,120/- granted by judgment dated 03.12.2011 by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondent No.1 for having suffered serious injuries in a motor vehicular accident which occurred on 20.04.2010.

2. During inquiry before the Claims Tribunal, it was claimed that the accident was caused because of rash and negligent driving of Tata 407 bearing registration no.DL-1L-G-0681 by its driver.

Respondent no.1 claimed himself to be working as a helper on truck no.HR-55-E-6104. Respondent no.1 claimed his salary to be Rs.10,000/- per month. On appreciation of evidence, the Claims Tribunal found that Respondent no.1 suffered 100% functional disability on account of amputation of his left leg above knee. In the absence of any evidence with regard to Respondent no.1’s income, the Claims Tribunal took minimum wages of an unskilled worker, added 50% towards inflation and awarded Rs.17,10,072/- towards the loss of disability in addition to certain sums on pecuniary and non-pecuniary damages.

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