Reliance General Insurance Company Ltd. Nagpur Thr. Manager v. Karun M. Kamble Minor Thr. Natural Guardian Father Shri. Manohar R. Kamble And Others

Order 269fa190.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR FIRST APPEAL NO.190 OF 2018 (Reliance General Insurance Co. Ltd. vs. Karun s/o. Manohar Kamble and Ors.) Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Mr.H.N.Verma, Advocate for the appellant.

Ms Niharika Chandak, Advocate h/f. Mr.Rohit Joshi, Advocate for respondent no.1.

Mr.N.P.Lambat, Advocate for respondent no.2.

CORAM

: N. W. SAMBRE, J.

DATE : 26.9.2019.

Heard Mr.H.N.Verma, learned Counsel for the appellant.

According to him, compensation is not payable in the case in hand considering age of victim on the date of accident, which, according to him, was between 2 to 3 years.

He would try to draw attention of this Court to the Judgment of Apex Court in the case of Lata Wadhwa and Others vs, State of Bihar and Others reported in (2001) 8 SCC 197.

With the assistance of learned Counsel for the appellant and respective Counsel of respondents, I have perused the record and proceedings. Exh.44 is the Certificate of disability issued by the Competent Authority certifying 87 % of disability.

The Claims Tribunal, in para 6 of the impugned Award, has considered Exh.39,

Order 269fa190.18 Disability certificate, which speaks of 50 % of disability.

The Claims Tribunal then has made observation that the victim is not able to perform pulling and pushing work, work by lifting, work by kneeling and crouching, work by walking etc.

As such, what could be noticed is that the victim has suffered multi-fold disability which has resulted into 100% loss of earning capacity.

That being so, the submissions of the learned Counsel for appellant does not hold any substance. The appeal, as such, fails. Dismissed.

JUDGE jaiswal