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2023 Supreme(Del) 3207

NAVIN CHAWLA
United India Insurance Co. Ltd. – Appellant
Versus
Sh Rakesh Kumar – Respondent


Advocates appeared:
Mr.Ravi Sabharwal, Advocate, for the Appellant.
Mr.Varun Sarin & Parul Dutta, Advocates for R-1.

Navin Chawla, J. (Oral)

1. The present appeal has been filed challenging the Award dated 06.08.2022 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal, New Delhi District, Patiala House Courts, New Delhi (hereinafter referred to as the `Tribunal') in DAR no.26/19.

2. The limited challenge of the appellant to the Impugned Award is against the direction of the learned Tribunal directing that the cost of the prosthetic/artificial limb and its maintenance, if any, for the respondent no. 1/Claimant shall be paid directly by the appellant herein to the company concerned from which it has been procured by the respondent no. 1, on production of requisite invoices and other related documents pertaining to the same by the respondent no. 1.

3. The learned counsel for the appellant submits that the compensation has to be awarded in terms of a determinative figure and cannot be open ended, as has been done by the learned Tribunal by way of the Impugned Award. In support, he places reliance on the judgment of the Supreme Court in HDFC ERGO General Insurance CO. Ltd. v. Mukesh Kumar & Ors., 2021 SCC OnLine SC 859, wherein it has been held th

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