ORIENTAL INSURANCE COMPANY LIMITED Vs. K R NAGESH

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the judgment and award dated 7th March 2007, passed in MVC No. 77/2003, by the II Additional Civil Judge(Sr.Dn) and Additional Motor Accident Claims Tribunal, Kolar, (for short, 'Tribunal') for reduction of compensation on the ground that, the compensation of Rs. 10,40,000/- with 6% interest per annum, awarded in favour of the injured claimant as against his claim for Rs. 10,00,000/-, is highly exorbitant and excessive.

(2.) The facts in brief are that, at about 12:15 P.M, on 25-12-2002, when the injured claimant was proceeding from Kammadatti to Tambihalli on his bicycle for taking treatment, near Nallur Cross, he met with an accident on account of rash and negligent driving by the driver of Car bearing registration No.TN- 23/F-9990. Due to the impact, the claimant fell down and sustained grievous injuries all over his body and was immediately shifted to Jalappa Hospital, where he took treatment as in-patient for a period of 16 days.

(3.) It is the case of the injured claimant that, he was hale and healthy prior to the date of accident, which resulted in grievous injures to the claimant and that he was working as an agriculturist and also doing sericulture and milk vending and earning a sum of more than Rs. 10,000/- per month. It is the further case of the claimant that, on account of the injuries sustained, he has spent considerable amount towards conveyance, nourishing food and attendant charges apart from other incidental expenses and therefore, he has to be compensated reasonably.