Full Text
Date of Decision: 6th September, 2017
GANESH .....Appellant
Through: Mr. S.N. Parashar, Advocate
Through: Mr. D.K. Sharma, Advocate for R-3.
JUDGMENT
1. The appellant, then stated to be aged about 35 years old, serving as Head Constable with Delhi Police, while on duty of checking vehicles near R.R. Hospital, close to Dhaula Kuan, suffered injuries in a motor vehicular accident that occurred on 13.06.2008 at about 9:45 p.m., statedly due to negligent driving of truck bearing registration No.HR-55H-2066, which was admittedly insured against third party risk with the third respondent (insurer). He suffered amputation of both lower limbs and, as per the disability certificate (Ex.PW-1/2), the board of doctors of Hindu Rao Hospital certified him to be permanently disabled, the disability being one hundred per cent (100%). He instituted accident claim case (MACT Claim Petition No.558/2006) on 26.09.2006 impleading the driver, owner and insurer 2017:DHC:5193 of the offending vehicle as party respondents, they being first, second and third respondents respectively, alleging that the accident had occurred due to negligent driving of the truck. After inquiry, the tribunal, by judgment dated 05.10.2009, accepted the claim for compensation on the principle of fault liability. The said finding has attained finality.
2. The tribunal awarded compensation in the total sum of Rs.3,38,000/-, calculating it thus:-
┌─────────────────────────────────────────────────────────────────────────────┐ │ Sl.No. Head Amount in (Rs.) │ ├─────────────────────────────────────────────────────────────────────────────┤ │ 1. Medicines & Treatment 12,000/- │ │ 2. Loss of Income 51,800/- │ │ 3. Loss of Earning Power 1,00,000/- │ │ 4. Loss of Amenities 75,000/- │ │ 5. Pain and suffering 75,000/- │ │ 6. Conveyance & Special Diet 25,000/- │ │ Total 3,38,000- │ │ 3. The liability to pay the afore mentioned amount was fastened on │ └─────────────────────────────────────────────────────────────────────────────┘
7. The appeal stands disposed of in above terms.
8. Dasti. R.K.GAUBA, J. SEPTEMBER 06, 2017