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2017 Supreme(Del) 925

SUNIL GAUR
National Insurance Co. Ltd. – Appellant
Versus
Menka Lidhoo – Respondent


Advocates Appeared:
For the Appellant : Mr. L.K. Tyagi
For the Respondents: Mr. S.M. Suri

JUDGMENT :

1. In the above-captioned first appeal, reduction in quantum of compensation awarded is sought by Insurer whereas in the above-captioned second appeal, its enhancement is sought by Claimant-injured. Both the appeals arise out of common impugned Award of 15th April, 2008 which grants compensation of Rs.42,30,000/- including the interim Award with interest @ 9% per annum on account of injuries sustained by Claimant-Menka in a road accident on 16th June, 2002. The facts, as noted in impugned Award, need no reproduction. Suffice to note that apart from evidence of Claimant, there is evidence of Dr. Rajendra Prasad who has proved the medical record and the Claimant has also got examined other witnesses regarding her employment, salary, etc. No evidence was led by the Insurer. On the basis of evidence led, impugned Award has been rendered by Motor Accident Claims Tribunal (hereinafter referred to as Tribunal). Learned Tribunal has assessed ‘Loss of earning capacity’ at Rs.37,80,000/- by adding 50% towards ‘future prospects’ and by applying multiplier of 18. Amount of Rs.1 l















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