96. Copy of this award be also sent to the Nodal Officer State Bank of
India, through e-mail ID i.e. [email protected] in terms of the order dated
22.02.2019 passed by the Hon'ble High Court in case FAO No. 842/03 titled
"Rajesh Tyagi & Ors. Vs. Jaibir & Ors.
74. As already discussed, the petitioner is shown to have sustained
grievous injuries resulted into a disablement to the extent of 100% in relation to
both eyes (cortical blindness) which has been duly proved by PW-3 Dr.
Amesharwar Narayan, Dr. B.S.A. Hospital, Delhi. The doctor in his testimony
has already testified that the petitioner was duly examined on the basis of the
reports given by Gurunanak Eye Centre and that he can only feel that there is
some light in any direction but cannot identity beyond that and cannot recognize
MACT No. 449710/16, 290/19, 289/19, 264/19, 602/18 and 603/18
Mahesh & Ors. Vs. Lal Baksh & Ors. Page No.41 /74
the color. He further deposed that the petitioner is not able to see because he
has suffered with 100% blindness. The said disability certificate was prepared
on the directions of this Tribunal and was not controverted. The age of the
petitioner at the time of the accident was admittedly 18 years as per
matriculation certificate. Having regard to the percentage of loss of earning
capacity in the light of severe injuries sustained by the petitioner Rahul @ Satish
which has not only resulted into 100% disability in relation to both eyes (cortical
blindness) but also made him virtually incapacitated in all respects due to
accident, his functional disability is taken as 100% to the total disability of 100%
which comes out to be 100% in relation to whole body. Reliance placed on Raj
Kumar v. Ajay Kumar, (2011) 1 SCC 343. The monthly income of the
petitioner/injured at the time of the accident was Rs. 6448/- per month which
annually comes to Rs. 77,376/-
88. In view of the discussion and findings of this Tribunal on issue no.
1and 2, this Tribunal awards a compensation of Rs.35,200/- (Rupees Thirty Five
MACT No. 449710/16, 290/19, 289/19, 264/19, 602/18 and 603/18
Mahesh & Ors. Vs. Lal Baksh & Ors. Page No.49 /74
Thousand Two Hundred) qua petitioner no.1 Sh. Mahesh, Rs. 6,77,300/-
(Rupees Six Lac Seventy Seven Thousand Three Hundred) qua petitioner no.2
Rahul, S/o Sh. Vinod, Rs. 1,29,700/- (One Lac Twenty Nine Thousand Seven
Hundred) qua petitioner no.3 Rohit, Rs. 1,18,000/- (Rupees One Lac Eighteen
Thousand) qua petitioner no.4 Sh. Vinod, Rs. 22,68,300/- (Rupees Twenty Two
Lac Sixty Eight Thousand Three Hundred) qua petitioner no. 5 Rahul @ Satish
including interim award, if any, alongwith interest @ 9% per annum AND against
respondents (to be indemnified by the insurer) w.e.f. date of filing of the
DAR/petition i.e 25.02.2011 till the date of its realization. Respondent no.
3/insurance company is directed to deposit the award with upto date interest
within 30 days from today i.e. the date of passing the award. Reliance is placed
on judgment "Oriental Insurance Co. Ltd. Vs. Sangeeta Devi & Ors., bearing
MAC APP 165/2011 decided on 22.02.2016.