ORIENTAL INSURANCE CO LTD Vs. LAKSHMI BAI

JUDGEMENT

(1.) THIS appeal is by the Insurance Company with which the motor cycle bearing registration No.KA 06-K-3902 involved in the accident that occurred on 21.02.2002 was insured. The Addl. MACT, Madhugiri, District Tumkur'-(hereinafter referred to as 'Claims Tribunal' for short) by its impugned Judgment and Award dated 24.03.2005 passed in MVC No.546/2002 has awarded in favour of the respondent-claimant, a total compensation of Rs.2,09, 150/- with interest thereon at the rate of 8% per annum from the date of petition till the date of actual payment payable by the appellant insurer. The appellant-insurer has challenged in this appeal this quantum of compensation awarded in favour of the respondent-claimant.

(2.) THOUGH this matter is listed today for admission, having regard to the nature of the award and other facts and circumstances of the case, it is taken for final disposal and arguments of Sri. Arun Ponnappa, learned Counsel for the appellant insurer are heard. The first respondent, the claimant before the Claims Tribunal, has remained absent despite receipt of notice of this appeal. Notice to respondent No.2, the owner of the said motor cycle, has been dispensed with. Perused the impugned Judgment and Award.

(3.) PW1 claimant has stated in her evidence that as a result of the said fracture to her right leg, she is not able to stand for a long time on her right leg, not able to walk long distance, not able to squat and sit cross legged. She has also deposed that earlier to the accident, she was doing stone breaking work and was earning Rs.100/- per day, but, after the accident, by reason of the said injury, she has not been able to do the said stone breaking work.