LAWS(SC)-2014-1-41

M.D.JACOB Vs. UNITED INDIA INSURANCE LTD.

Decided On January 21, 2014
M.D.Jacob Appellant
V/S
United India Insurance Ltd. Respondents

JUDGEMENT

(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%.

(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.