NEW INDIA ASSURANCE COMPANY LIMITED Vs. PANDIAN

JUDGEMENT

(1.) THE Insurance Company has come forward with this Appeal as against the award and decree dated 29.4.2005 made in M.C.O.P. No.203 of 2003 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Ponneri, Thiruvallur District for a sum of Rs.2,91,400/ - for the injury sustained by the Claimant.

(2.) THE facts of the case are as follows: On 22.8.1999 at about 3.15 p.m., when the Claimant was walking on the left side of the road near Bus terminus, Ponneri, the Tempo Van bearing Registration No.TN -04 -Z -6046 was driven by its driver in a rash and negligent manner and hit against the Claimant. As a result, the Claimant sustained multiple injuries. He was immediately taken to the Government General Hospital for treatment. The Claimant was a coolie and his age was 34 years at the time of accident. Hence, he claimed a sum of Rs.4,00,000/ - as compensation before the Tribunal and the Tribunal awarded a sum of Rs.2,91,400/ -. Aggrieved against the same, the Insurance Company has come forward with this Appeal.

(3.) THE learned Counsel for Appellant would contend that the Doctor, who was examined as P.W.2 has issued a disability certificate assessing 65% disability in respect of fracture on the right thigh for which, the amount awarded is excessive. The Lower Court though reduced the percentage of the disability to 50% it adopted multiplier method and awarded a sum of Rs.2,30,400/ - which is on the higher side. Hence, the Insurance Company has come forward with this Appeal.