ORIENTAL INSURANCE CO LTD Vs. MUNNI BAI

JUDGEMENT

(1.) THIS order shall also govern the disposal of MA No. 3683/06 as both the appeals are arising out of one award dated 20.7.2006 passed by II MACT, Fast Track Court, Neemuch in Claim Case No. 05/2005 whereby the claim petition filed by respondent No. 1 was allowed and on account of injuries sustained by respondent No. 1, a sum of Rs. 96,500/ - has been awarded.

(2.) MA No. 3683/06 has been filed by respondent No. 1. It is alleged that amount awarded is inadequate. MA No. 3303/06 is filed by the appellant/Insurance Company wherein it is alleged that appellant/Insurance Company has wrongly been held liable for payment of compensation.

(3.) LEARNED counsel for respondent No. 1 submits that looking to the injuries sustained by respondent No. 1, the amount awarded is on lower side. It is submitted that for the purpose of calculating the permanent disability, income of respondent no. 1 was assessed as Rs. 15,000/ - on notional basis which is on lower side. Similarly, multiplier of 15 has been applied which ought to have been 16. Learned counsel submits that on other heads also the amount awarded is on lower side.