LAWS(MAD)-2009-4-318

NATIONAL INSURANCE CO LTD Vs. S MANICKAM

Decided On April 08, 2009
NATIONAL INSURANCE CO. LTD. Appellant
V/S
S. MANICKAM Respondents

JUDGEMENT

(1.) (Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 15.3.2007 passed in M.C.O.P.No,34 of 2005 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Attur, Salem District.) Insurance company has filed this appeal challenging the award dated 15.3.2007 passed in M.C.O.P.No,34 of 2005 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Attur, Salem District.

(2.) IT is a case of injury. The accident in this case happened on 11.1.2003. The injured claimant, aged 33 years, an agriculturist was riding a TVS 50 when he was hit by a Bajaj mini door van insured with the appellant insurance company and in that accident, he suffered fracture of left thigh. He was in hospital for some times. He claimed a sum of Rs.4,90,835/- as compensation.

(3.) IN appeal, it is contended that the sum of Rs.65,000/- granted towards future loss of income is not justified and a sum of Rs.65,000/- granted towards pain and suffering is exorbitant. Therefore, the compensation awarded by the Tribunal has to be reduced.