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2021 Supreme(P&H) 354

G.S.SANDHAWALIA
Reliance General Insurance Company Ltd. – Appellant
Versus
Jasbir Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sunil Kumar, Advocate

JUDGMENT :

G.S. Sandhawalia , J.

1. The present appeal which has been filed under Section 173 of the Motor Vehicle Act, 1988, is directed against the Award dated 03.03.2020 passed by the Motor Accident Claims Tribunal, Kurukshetra (MACT), whereby against the claim of Rs.80 lakhs, the appellant- Company being insurer of the Harvester Combine, which was involved in a accident has been fastened liability of Rs.20,52,000/- alongwith interest @ 7.5% per annum from the date of filing the claim petition till its realization. The said amount had been assessed on the basis that the claimant had suffered 100% disability in both eyes and, therefore, it had adversely affected his earning capacity completely to the same extent.

2. Reliance was placed upon the disability certificate (Ex.P1) to come to the conclusion that the claimant-Jasbir who was aged around 40 years had suffered injuries. While adjudicating on the issue of compensation, it was noticed that he remained admitted in the hospital as indoor patient from 06.10.2017 to 24.10.2017, after the accident had taken place, in the fields where the Combine had been turned towards him and he had come under the tyres of the vehicle. An FIR No.202

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