RELIANCE GENERAL INSURANCE CO. LTD Vs. MISS. SHIBINA

JUDGEMENT

(1.) This appeal is preferred at the instance of the insurer, aggrieved by the quantum of the compensation awarded by the Tribunal. The claimant who was a student of Computer Engineering at the Government Engineering College, Mananthavady while returning from college, was hit down by a stage carriage bus insured with the appellant Insurance Company. The accident occurred on 29/2/2008. The claimant suffered head injury and remained unconscious from the date of the accident. A claim was preferred before the Tribunal and the Tribunal awarded a sum of Rs.39,29,200.00 as against the claim of Rs.50,00,000.00. According to the appellant, the amount awarded by the Tribunal is very excessive and hence this appeal.

(2.) Heard Smt.K.S.Santhi, learned counsel for the appellant and Smt.Bindumol Joseph, learned counsel for the respondent.

(3.) The learned counsel for the appellant contended that the amounts awarded under the head pain and suffering, loss of amenities, bystanders expenses, fuel charges, drivers charges and the disability compensation are all excessive. I do not find any reason to accept the contention raised by the appellant. Admittedly, the respondent become completely bedridden after the accident and is a paraplegic. She needs a bystander throughout her life. Despite the fact that the respondent is in such a condition, the Tribunal had granted disability compensation taking into account only 80% as the disability. The manner in which the Tribunal has arrived at the compensation towards expenditure for attendant in the future, fuel charges, driver's charges etc. are all on the basis of necessity for such expenses for 3 years, though the fact remains that the claimant needs an attender for life. I find that there is no reason why the appellant should feel aggrieved by the compensation awarded. In my opinion if at all somebody should be aggrieved it should be the claimant.