NATIONAL INSURANCE CO LTD Vs. P MANI

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 25.09.2002, made in M.C.O.P.No.1270 of 2000, on the file of the Motor Accident Claims Tribunal, Additional District-cum-Fast Track Court No.II, Salem, awarding a compensation of Rs.56,420/- together with interest at the rate of 9% per annum from the date of filing the claim petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/second respondent, The National Insurance Co., Ltd., Salem-1, has filed the above appeal praying to scale down the award from Rs.56,420/- to Rs.20,000/-.

(3.) The short facts of the case are as follows: The petitioner, P.Mani, aged about 27 years, was a load man in the first respondent's lorry bearing registration No.TNN4671.On 06.06.2000, at about 2.45 p.m. when the petitioner was travelling in the said lorry as load man, while the said lorry was proceeding near Chinthamani Nagar on the Salem to Atthur road, the first respondent's lorry driver drove the said lorry in a rash and negligent manner and dashed against the water pump at the road side. Due to the impact, the lorry turned turtle and the petitioner along with other load man fell down and sustained severe fracture injuries. He was admitted in the hospital and still undergoing treatment. He has sustained permanent disability and is not able to attend to any work.