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2016 Supreme(Del) 497

R.K.GAUBA
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
RAM KUMAR – Respondent


Advocate Appeared:
Mr. Manoj Ranjan Sinha and Ms. Arpita Kumar, Advocates.
Mr. Kapil Gupta, Mr. Ram Kumar, Ms. Rupika Singh and Mr. Navneet Goyal, Advocates.

JUDGMENT :

R.K. GAUBA, J.

1. Both these appeals are directed against judgment dated 25.03.2010 of Motor Accident Claims Tribunal (the Tribunal) whereby the claim case of Ram Kumar (appellant in MAC APP. No. 390 of 2015) for compensation on account of injuries suffered in motor vehicular accident that occurred on 16.03.2003 in the area of cremation ground at Mehrauli Fatehpur Road, village Fatehpur Beri, New Delhi was decided and award was made for payment of Rs. 9,34,280/- as compensation. By subsequent order dated 25.05.2010, the Tribunal corrected the award and granted compensation in the sum of Rs. 9,69,280/-.

2. The motor vehicle which had caused the accident was admittedly insured with National Insurance Company Ltd. which was impleaded as a respondent before the claims Tribunal and which party is now in appeal (MAC APP. No. 365 of 2010).

3. Whilst the claimant seeks enhancement, the insurance company assails the impugned judgment and award, as later corrected, questioning the calculations mainly on the ground that the disability to the tune of 46% has been wrongly treated as relatable to the whole body and future prospects have been wrongly factored in for calculating the inco














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