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2019 Supreme(Del) 2226

NAJMI WAZIRI
United India Insurance Co. Ltd. – Appellant
Versus
Phool Kumari – Respondent


Advocates Appeared:
S.P. Jain, Adv., Himanshu Gambhir, Adv., Ravi Gupta, Adv., Nikhil Tripathi, Adv.

JUDGMENT :

Najmi Waziri, J.

Cm APPL. 15894/2018

1. This application seeks condonation of delay in filing the appeal.

2. For the reasons mentioned in the application, the delay is condoned.

The appeal is taken on record.

3. The application stands disposed-off.

MAC.APP. 533/2017, CM APPL. 23154/2017 & CM APPL. 15893/2018

4. This appeal impugns the award of compensation on the ground that 76% permanent disability in relation to the claimant's left limb below the knee and amputation of all her toes in the right leg. The learned counsel for the appellant/insurance company submits that the compensation granted to the respondent-claimant is on the higher side.

5. The claimant was employed as a security guard with Sentinels Security Pvt. Ltd. However, because of the disability as recorded hereinabove, she would never be employed as or otherwise be able to discharge her duties as a security guard in the same manner as before. In other words, her functional disability is 100%.

6. In the circumstances, her functional disability is enhanced to 100%, alongwith addition of 50% towards 'loss of future prospects' in view of the decision of the Supreme Court in Parminder Singh vs. New India Assurance Co. Ltd

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