ORIENTAL INSURANCE CO LTD Vs. SIDHARATH BAG

JUDGEMENT

(1.) THESE two Appeals (FAO. No.364/2002 and FAO. No.34/2003) arise out of a judgment dated 05.03.2002 in Suit No.266/95 whereby a compensation of RS.2,94,055/- was awarded in favour of Sidharath Bag for having suffered injuries in an accident which occurred on 17.11.1994.

(2.) FAO. No.364/2002 is preferred by Oriental Insurance Co. Ltd.(hereinafter referred to as the Appellant) on the ground that the policy was fraudulently obtained in collusion with the official of the Appellant and thus it had no liability to indemnify the injured. It is stated that the compensation towards loss of future earning capacity was not permissible; the Motor Accident Claims Tribunal(the Claims Tribunal) awarded a compensation of RS.1,50,000/- towards loss of earning capacity without any basis and the compensation of RS.80,000/- awarded towards conveyance charges is exorbitant and excessive.

(3.) LOSS of Pain and Suffering RS.1,50,000/-