NATIONAL INSURANCE CO. LTD. Vs. SURESH & ORS.

JUDGEMENT

(1.) This appeal by the Insurance Company under Sec. 173(1) of the Motor Vehicles Act, 1988 (for short, 'the Act') directed against the Judgment and Award dated 28.10.2010 rendered in, MVC No.228/2010 on the file of the MAC and Fast Track Court-I at Raichur, is on a limited aspect that the Tribunal has been very generous in assessing the loss of future earning of the first respondent, who suffered injuries in an accident that took place on 30.06.2009 based on a estimation of 25% total body disability due to the injuries suffered by the claimant.

(2.) The factum of the accident taking place, the respondent being injured and the Insurance Company being liable are all not in dispute and it is only on this aspect, this appeal.

(3.) Submission of Mr. Sanjay M. Joshi, learned counsel appearing for the appellant- Insurance Company is that the doctor, who had issued the certificate certifying that the injuries translate into a total 25% body disability is not the one who had treated the respondent-claimant and even otherwise also the nature of injuries as noticed by the doctor and which is a fact on record would not have resulted in total body disability of more than 10%-15% and 25% total body disability as certified by the doctor, who was not treated and as accepted by the Tribunal is not tenable etc.