JUDGEMENT
SHIVA KIRTI SINGH, J. -
(1.)HEARD learned counsel for the appellant and
learned counsel for the respondent -Insurance
Company.
(2.)THE appellant was a victim of road accident on 27th July, 1997. On account of several serious injuries including amputation of complete left
hand, severe injuries in head, dislocation of bones
in hip and both knees and severe injuries in foot,
the Doctor assessed his disability at 100%.
The appellant preferred a claim petition before the Motor Accidents Claims Tribunal at Chennai and
sought compensation of Rs.26,00,000/ - (rupees
twenty six lacs). The Claims Tribunal allowed a
claim for Rs.14,20,000/ - (rupees fourteen lacs and
twenty thousand only) vide judgment dated 9.8.2000
rendered in M.C.O.P. No. 3365 of 1997. The claim
allowed on different heads includes:
JUDGEMENT_41_TLPRE0_2014.htm
(3.)THE Insurance Company preferred appeal before the High Court at Madras and by the order under
appeal dated 13.11.2006 passed in C.M.A. Nos. 1963
of 2000 and 12 of 2001 the High Court, while
maintaining the Award under the first three heads,
reduced the amount of Rs.2,00,000/ - for pain and
suffering to Rs.1,00,000/ -, Rs.4,00,000/ - for
permanent disability to Rs.3,00,000/ - and
Rs.6,60,000/ - as loss of future earning to
Rs.3,96,000/ -. As a result of aforesaid reduction,
the appellant has been held entitled only to
Rs.9,56,000/ - (rupees nine lacs and fifty six
thousand only) in place of Rs.14,20,000/ - (rupees
fourteen lacs and twenty thousands only). Assailing
the order under appeal on account of reduction of
compensation under the three heads noted above,
learned counsel for the appellant has taken us
through the materials on record including the
judgment of the Tribunal and the judgment of the
High Court under appeal.
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