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Date of Decision: 28th November, 2017
NEW INDIA ASSURANCE CO. LTD. ..... Appellant
Through: Mr. Priyadarshi Acharya, Advocate
Through: Nemo.
JUDGMENT
1. The first respondent (claimant), then aged 51 years, suffered injuries in a motor vehicular accident that occurred on 11.12.2010, upon being hit by a car bearing registration No.DL-5CD-3614 driven in a negligent manner. She instituted accident claim case (MACT No.272/2011) on 17.02.2011, seeking compensation. The tribunal held inquiry and, by judgment dated 10.04.2012, returned a finding that the accident had occurred due to negligence of the car driver Shyam Singh, the second respondent in the appeal. The tribunal awarded compensation in the total sum of Rs.2,28,909/- and directed the appellant to pay the same with interest, it admittedly being the insurer of the car against third party risk for the period in question. The amount was calculated thus:- 2017:DHC:7320
┌─────────────────────────────────────────────────────────────────────────────────┐ │ Sl. Heads Amount │ │ No. (in Rs.) │ ├─────────────────────────────────────────────────────────────────────────────────┤ │ 1. Medical expenses 16,409/- │ │ 2. Future medical treatment expenses 60,000/- │ │ 3. Physiotherapy expenses 25,000/- │ │ 4. Special diet 10,000/- │ │ 5. Conveyance charges 10,000/- │ │ 6. Notional income 7,500/- │ │ 7. Pain, suffering, inconvenience frustration, 1,00,000/- │ │ hardship and trauma │ │ Total 2,28,909/- │ │ 2. The insurer, by the appeal at hand, submits that there was │ └─────────────────────────────────────────────────────────────────────────────────┘
8. The claimant would have the liberty to enforce of the award, if there is any deficiency, by appropriate proceedings before the tribunal.
9. The statutory deposit shall be refunded to the insurer only after proof of award having been satisfied is shown. R.K.GAUBA, J. NOVEMBER 28, 2017