Pwan Kumar v. Liberty Videocon General Insurance Ltd.
2019-09-30
SURESHWAR THAKUR
body2019
DigiLaw.ai
JUDGMENT : Sureshwar Thakur, J. The disabled claimant, is, aggrieved by, the, under assessment, of, compensation, qua him, by, the learned MACT concerned, upon, the latter making a pronouncement, upon, M.A.C. Petition No. 181 of 2015, (i) where through, compensation amount, borne in a sum of Rs. 48,770/- stood assessed, qua, him, and, thereon stood levied, interest, at, the rate of 7.5%, and, the afore rate of interest, was, ordered to commence, from, the date of petition, till realization thereof, along with litigation expenses, borne in a sum of Rs. 5,000/-, (ii) and, the apposite indemnificatory liability, stood fastened, upon, the insurer of the offending vehicle. 2. A perusal of, the, disability certificate, borne, in Ext. PW-2/A, unfolds, qua, a, 20% temporary disability, appertaining to locomotor impairment, hence, standing entailed, upon, the disabled claimant, in sequel, to, befallment of injuries upon him, as, sparked, by, the ill-fated collision, involving the offending vehicle, driven, by respondent No.3. The afore disability certificate, stood, proven, by PW-2, (i) however, during the course, of his cross-examination, the afore witness has acquiesced, to, a suggestion, qua, the disability reflected, in Ext. PW-2/A, being temporary in nature, (ii) and, also it being amenable to recuperation, rather, with passage of time, (iii) and, thereafter, he has also acquiesced, vis-a-vis, a suggestion qua, the afore disability, not, interdicting the workman, to perform the callings, of, his avocation, and, also has made, a, testification, qua, no loss of salary, being entailed upon the disabled claimant, in sequel to the disability, as reflected, in Ext. PW-2/A, hence, standing encumbered, upon, the claimant. 3. The learned Tribunal, upon, meteing credence to the afore deposition, and, also with the claimant, even after the afore percentum of disability, standing entailed, upon, him, rather evidently receiving, the, full complement of salary from the department concerned, hence, declined computation, of, compensation, vis-a-vis, him, under the head (a) loss of earnings, during the period of his treatment, (b) and, also under, the, head loss of future income. 4. The afore declining, to, the claimant, by the learned Tribunal, is, visibly not stained with any aura, of, mis-appraisal, or, non-appraisal, of, the afore evidence, on, record.
4. The afore declining, to, the claimant, by the learned Tribunal, is, visibly not stained with any aura, of, mis-appraisal, or, non-appraisal, of, the afore evidence, on, record. However, during the pendency of the instant appeal before this Court, the disabled claimant, has, strived to place on record, a, disability certificate, hence making a pronouncement, qua, the echoed therein hence extent of 25% disability, appertaining to locomotor impairment, being entailed, upon him, and, it also making, a, pronouncement, vis-a-vis, the afore percentum, of, disability, being, permanent in nature. Consequently, the counsel for the disabled claimant strives, to, seek leave, to, adduce into evidence, the afore disability certificate, (i) as thereupon, the, declining(s) of the afore relief, to the claimant, would become benumbed, (ii) and, also thereafter contends, that, the espoused leave, to introduce, the, afore disability certificate, into evidence, is just, and, essential, and, also the apt leave being accordable rather for, enabling this Court, to, clinch findings, vis-a-vis, the entitlement, of, the claimant, vis-a-vis, computation, of, compensation, towards loss of earning, during, the period of his treatment, as well as, towards future loss of earning, given, the afore percentum of permanent disability, standing entailed, upon, him. 5. For the reasons to be assigned hereinafter, the afore endeavor, is, a misbeffiting endeavor, and, enjoins its being declined, (i) as apart, from, averments being, cast, in paragraph-5, of the application qua , the, afore percentum of disability, hence precluding him, to, smoothly perform, his, daily calls, (ii) there is no further averment(s), that, extantly, and, in sequel, to, the afore prcentum, of, permanent disability, hence entailed, upon, him in sequel to the ill-fated collision, rather begetting, the, sequel of his being also ousted from service. Consequently, when the afore imperative averments, is, amiss, in the application, and, when hence it cannot be concluded, that, on account of the afore percentum of disability, as borne, in the apposite disability certificate, as strived to be introduced, into evidence, hence with the leave of this Court, as an additional evidence, rather has, not, sequelled the service(s), of, the claimant, becoming affected, and, nor, hence, permanent loss of future earnings, is, entailed, upon him, thereupon, the declining, of, espoused leave, is, merit worthy. 6. For the foregoing reasons, there is no merit, in, the appeal filed, by the claimant, and, is hence dismissed, and, the impugned award, is, maintained, and, affirmed.
6. For the foregoing reasons, there is no merit, in, the appeal filed, by the claimant, and, is hence dismissed, and, the impugned award, is, maintained, and, affirmed. All pending applications also stand disposed of. Records be sent back forthwith.