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2009 Supreme(Del) 1396

J.R.MIDHA
Union of India (UOI) – Appellant
Versus
Sham Lal – Respondent


Advocates Appeared:
For the Appellant : A.K. Bhardwaj and M.P. Singh

JUDGMENT :

J.R. Midha, J.

The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 6,67,200/- has been awarded to respondent No. 1.

2. The accident dated 30th June, 1996 resulted in grievous injuries to respondent No. 1 and he has become paraplegic with permanent disability certified to be 90% as per Ex.PW-3/B. The learned Tribunal awarded compensation of Rs. 6,67,200/- towards the loss of income to the claimant. However, no compensation has been awarded for pain, suffering, loss of amenities of life, future medical treatment, etc.

3. The appellant has challenged the impugned award on various grounds:

(i) The claimant/respondent No. 1 having been prematurely retired on medical grounds is entitled to and is receiving invalid pension apart from benefits of gratuity, leave encashment, provident fund, etc. received by him.

(ii) The claimant had 12 years service left with All India Radio and, therefore, the multiplier of 13 is not appropriate.

(iii) The amount awarded is highly excessive considering that the claimant was earning only Rs. 3,600/-.

(iv) The driver of the Government vehicle was not rash and negligent as he saved the precious life of a child and in





































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