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Date of Decision: 27th September, 2017
IFFCO TOKIO GENERAL INSURANCE COMPANY
LIMITED ……Appellant
Through: Mr. Pankaj Seth, Advocate
Through: Mr. Navneet Goyal, Advocate for R-1.
JUDGMENT
1. The first respondent, then aged 35 years, earning his livelihood as a hawker of bangles, while moving on his bicycle on 13.04.2006, suffered injuries on being hit by a motorcycle bearing registration No.HR-13B-7593 driven in a negligent manner by the third respondent, the said vehicle being registered in the name of the second respondent and insured against third party risk for the period in question with the appellant insurance company.
2. The victim/injured (the first respondent) instituted accident claim case (Petition No.882/2008) on 19.05.2006 seeking compensation, pleading that he had been rendered permanently disabled. The tribunal held inquiry and, by judgment dated 2017:DHC:5922 17.02.2010, upheld the said claim and awarded compensation in the total sum of Rs.4,95,600/-, directing the appellant insurer to pay with interest, the said amount having been calculated thus:-
┌──────────────────────────────────────────────────────────────────────────────┐ │ Sl. No. Head Amount (in Rs.) │ ├──────────────────────────────────────────────────────────────────────────────┤ │ 1. Medical treatment 5,000/- │ │ 2. Special diet/conveyance 7,000/- │ │ 3. Loss of income 13,100/- │ │ 4. Loss of earning capacity 4,00,500/- │ │ 5. Pain and suffering 30,000/- │ │ 6. Loss of amenities of life 40,000/- │ │ Total compensation 4,95,600/- │ │ 3. The insurance company by the appeal at hand presses its │ └──────────────────────────────────────────────────────────────────────────────┘
7. The statutory deposit shall be refunded.
8. The appeal stands disposed of in above terms. R.K.GAUBA, J. SEPTEMBER 27, 2017 vk