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2019 Supreme(P&H) 1721

RAJ MOHAN SINGH
Dr. Kamlesh Bhalla – Appellant
Versus
M/s G. T. Roadways – Respondent


Advocates Appeared:
Mr. Rajesh Arora, Advocate, for the Appellant(in FAO-402 of 2014); Mr. Rajesh Arora, Advocate, for the Respondent No.1 (in FAO-553 of 2014); Mr. Sanjiv Pabbi, Advocate, for the Respondent No.3 (in FAO-402 of 2014); Mr. Sanjiv Pabbi, Advocate, for the Appellant(in FAO-553-2014)

JUDGMENT

Raj Mohan Singh, J. (Oral) - Vide this common order, FAO No. 402 of 2014 (O&M) titled 'Dr. Kamlesh Bhalla v. M/s G.T. Roadways and others' and FAO No. 553 of 2014 (O&M) titled 'The Oriental Insurance Company Limited v. Dr. Kamlesh Bhalla and others' are being decided.

2. Since both the appeals have arisen out of one accident, therefore, common facts are being noticed.

3. Appellant received injuries in vehicular accident which took place on 13.12.2011. Appellant was serving as a doctor at the time of accident. Her monthly income was assessed to be Rs. 35,000/- per month by the Motor Accident Claims Tribunal.

4. As per latest permanent disability certificate dated 16.12.2016 received on record in pursuance of order passed by this Court on 11.11.2016, permanent disability of the appellant was assessed to be 70%.

5. The Board has opined that the appellant has right upper limb brachial flexus injury. Her MRI shows atrophic brachial plexues roots & nerves. Right upper limb is flail & functionally useless with some finger & wrist movements.

6. The Tribunal while assessing the compensation took functional disability of the appellant to be 70% and calculated the amount under differe

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