LAWS(MPH)-2011-1-56

UNITED INDIA INSURANCE CO LTD Vs. GUMAN

Decided On January 22, 2011
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
GUMAN Respondents

JUDGEMENT

(1.) M.A. No. 969 of 2009 has been filed by the Insurance Company assailing the award dated 25.2.2009 passed by 5th Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 147/08 whereby claimant-respondent No. 1 Guman who has suffered amputation below knee has been awarded total compensation of Rs. 3,25,000/- along with interest.

(2.) While the claimant by filing MA No. 1608 of 2009 assailed the same award and the enhancement is sought for as the amount awarded by the claims tribunal is inadequate and in lower side.

(3.) Arguing against the enhancement in the appeal filed by the claimant it is contended by him that the Tribunal has rightly awarded the compensation accepting the monthly earning of the injured to be Rs. 2,500/- and applying the multiplier of 16, however, the compensation as awarded by the Tribunal is just and reasonable which cannot be enhanced.