High CourtsSingle Bench(2011) 08 DEL CK 0444

Rajan vs IFFCO Tokyo General Insurance Company Ltd.

Delhi High Court · Decided on 30 August 2011

HON’BLE JUDGES
Indermeet Kaur, J
RESULT
Dismissed
CASE NUMBER
MAC Appeal No. 784 of 2011 and CM No. 16217-18 of 2011

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Judgment

5 paragraphs · 238 words

Indermeet Kaur, J.

1 This appeal has impugned the Award dated 29.11.2010 which was subsequently modified on 26.03.2011 whereby a total compensation of Rs. 3,19,733/- had been awarded in favour of the injured/Petitioner. The Petitioner has suffered an accident and pursuant thereto had suffered grievous injuries; this was on 30.05.2008. His loss of income has been assessed at Rs. 1,88,334/-. Minimum wages of Rs. 3,633/- had been taken into account and after computation of his annual income, the correct multiplier of ''18'' had been applied. There is No. dispute up till this point. The only contention of the learned Counsel for the Appellant is that future prospects have not been taken into consideration. This contention is negatived by the calculations in the impugned Award.

2 The Appellant had admittedly suffered 24 % disability; this benefit of 24% disability had been taken into account while computing the total loss of income and this was squarely in terms of the judgment of this Court reported in Raj Kumar v. Ajay Kumar JT 2010 30 SC 38. The benefit of 24% disability suffered by the Appellant has been taken care of while coming to the aforenoted calculation; the calculation reads as:

Rs. 3,633/-X24/100X12X18= Rs. 1,88,334/- which is the figure awarded under the head of ''loss of income''. The impugned Award suffers from No. infirmity on this calculated figure; No. other ground has been urged; appeal is without any merit.

3 Dismissed.