NEW INDIA ASSURANCE CO LTD Vs. CHARLIE

JUDGEMENT

(1.) LEAVE granted.

(2.) NEW India Assurance Co. Ltd. (hereinafter referred to as the 'Insurer') calls in question legality of the judgment rendered by a Division Bench of the Kerala High Court holding that the appellant was liable to pay compensation to the respondent No. 1 for the injuries sustained by him in an automobile accident. The accident took place on 14.12.1997 at about 3.10 a.m. It was claimed by the claimant that he sustained injuries because of the rash and negligent driving of the vehicle (Motor Cycle bearing Registration No. KL-7Q/9101) driven by the respondent No. 2. The claimant's stand was that he was travelling as a pillion rider. Total compensation of Rs. 9,00,000 was claimed. After considering the evidence on record, the Motor Accidents Claims Tribunal, Perumbavoor (in short the 'MACT') awarded Rs. 4,68,825 with 9% interest from the date of application till payment. The figure was arrived at in the following manner: <FRM>JUDGEMENT_1801_AIR(SCW)_2005Html1.htm</FRM>

(3.) IN response, learned counsel for the respondent submitted that the injured has totally crippled and has been almost rendered immobile by the 100% disability. Even at the time of discharge he was not in a conscious condition. Taking into account this factor the quantum as awarded cannot be said to be on the higher side.