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Himachal Pradesh High Court · body

2019 DIGILAW 1867 (HP)

Future General Insurance Company Limited v. Gurwinder Singh

2019-12-06

SURESHWAR THAKUR

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JUDGMENT Sureshwar Thakur, J. - The instant appeal, is, directed by the insurer of the offending vehicle, whereuponwhom, stood hence saddled, the, indemnificatory liability, vis-a-vis, the compensation amount, as, determined under the impugned award, rendered by the learned Motor Accident Claims Tribunal (1), Una, District Una, H.P., upon, MAC Petition No. 76 of 2017, and, hence, for begetting, its, reversal it has, constituted the instant appeal before this Court. 2. The learned counsel for the appellant, does not, contest the legality of the findings returned, upon, all issues except, vis-a-vis, the issue appertaining to the determination, of, compensation amount, vis-a-vis, the disabled claimant. His solitary onslaught is confined, vis-a-vis, the learned Tribunal, in computing, the, per mensem income of the disabled claimant, and, who became entailed with a cent percent functional disability, as, apparent from his disability certificate borne, in, Ex. PW-11/A, hence adding thereon, the, over time wages, as, received by him, and,borne in a sum of Rs. 2140/- rather committing an, inherent fallacy. 3. However, the afore submission is not accepted, as, given the nature of employment of the claimant, under, his employer, he evidently was at the relevant time, hence performing, rather rendered, the, liquidations made to him, of, over time wages, hence apt and valid, and also when he would also draw in future, the, apposite overtime wages, thereupon, the addings thereon, vis-a-vis his per mensem salary of Rs.51,00/-, does not suffer, from any infirmity. 4. In aftermath, given the cent percent functional disability entailed, upon, the disabled claimant, he obviously became barred in future, to, rear any per mensem salary of Rs.5100/- also became completely barred to work over time and also became barred to draw over time wages, of, Rs. 2140/-. Consequently, the, compensation assessed qua the disabled claimant, on account of loss, of, permanent income, does not warrant, any interference. 5. In view of the above, I find no merit in this appeal, and, the same is accordingly dismissed. Accordingly, the impugned award is maintained and affirmed. The entire compensation amount, subject to ascertaining the entitlement of the claimant, in all respects, be released in his favour, by remission, in his Savings Bank accounts against proper receipt and identification. The particulars of the bank accounts, if not already furnished, be furnished within a period of one week. All pending applications stand disposed of accordingly. Records be sent back.