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Punjab-Haryana High Court

Oriental Insurance Co. Ltd vs Rajesh Alias Raju And Another on 31 January, 2014

Author: Jitendra Chauhan

Bench: Jitendra Chauhan

                     FAO-663-2014 (O&M)                                     1

                           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                          CHANDIGARH

                                                     FAO-663-2014 (O&M)
                                                     Date of decision: 31.1.2014

                     Oriental Insurance Co. Ltd.
                                                                                   ...Appellant

                                       Versus

                     Rajesh alias Raju and another
                                                                                ...Respondents

                     CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

                     Present:    Mr.Ashwani Talwar, Advocate for the appellant

                                              ****

                     Jitendra Chauhan, J.

The present appeal has been filed by the Insurance Company, assailing the impugned Award dated 25.10.2013, passed by the learned Motor Accident Claims Tribunal, Faridabad, (in short 'the Tribunal'), vide which, a sum of Rs.20,15,063/- has been allowed to the claimants and the appellant being the insurer alongwith the driver and the owner has been held liable to indemnify the compensation.

2. It is contended by the learned counsel for the appellant that the disability suffered by injured-claimant is 70%. The learned Tribunal erred in awarding 50% increase with regard to loss of future income.

3. I have heard the learned counsel for the appellant and perused the case file.

2014.02.05 17:05 I attest to the accuracy and integrity of this document High Court Chandigarh FAO-663-2014 (O&M) 2

4. The claimant suffered 70% disability on account of amputation below the elbow lower one third right forearm with complete restriction right elbow movements with non-union right mid humerus. The amputation of right arm amounted to a total disability as the injury is of such a nature that the claimant had been disabled from all work which he was capable of performing the same. The petitioner was 23 years of age at the time of his accident. This disability will also effect day to day life of the injured-claimant. Therefore, this Court finds no force in the argument raised by the learned counsel for the appellant.

5. No other point is raised.

6. In view of the above, this Court finds no merits in the present appeal. As such, the instant appeal is hereby dismissed.

7. The statutory amount deposited by the appellant at the time of filing the appeal be sent to the Tribunal for disbursement to the claimants.

                     31.1.2014                                  (JITENDRA CHAUHAN)
                     gsv                                              JUDGE




Shanker Gauri
2014.02.05 17:05
I attest to the accuracy and
integrity of this document
High Court Chandigarh