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2017 Supreme(Del) 2451

R.K.GAUBA
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
RAJ KUMAR – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manoj R. Sinha, Adv.

JUDGMENT :

1. The first respondent, then aged 40 years, suffered injuries and permanent disability, assessed to be functional disability to the extent of 55%, as a result of motor vehicular accident that occurred on 11.03.2009 due to rash driving of motor vehicle no. DL3C AD 1661, which was admittedly insured against third party risk with the appellant insurance company (insurer). He filed accident claim case (suit no. 90/2014) on 20.03.2010 seeking compensation. The tribunal, after inquiry, by judgment dated 14.11.2014, awarded compensation in the total sum of Rs. 8,82,445/- with interest @ 9% per annum in his favour fastening the liability on the appellant. The said amount of compensation included Rs. 5,84,199/- calculated as compensation payable on account of permanent disability, it being the consequent loss of future income, other components of the compensation being for loss of amenities of life, loss of wages, pain & suffering, disfigurement, medicines & medical treatment, conveyance and special diet.

2. The insurer is in appeal questioning the computation of loss of future income on account of permanent disability pointing out that there was no proof of actual income or engag







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