NATIONAL INSURANCE COMPANY LIMITED Vs. ROY P.C.

JUDGEMENT

(1.) THESE appeals are directed against the award passed by the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV) No.180/2000. The appellant in M.A.C.A No.1802/05 hereinafter referred to as the claimant preferred a claim of Rs. 4 lakhs before the Tribunal towards compensation for the injuries sustained by him in a road traffic accident occurred on 06/02/2000. Allegedly while the claimant was riding his motorcycle he was hit down by a lorry which was coming from the opposite direction. The driver of the lorry was found negligent and the insurer of the said lorry who is the appellant in M.A.C.A.218/06 hereinafter referred to as the insurer was fastened with the liability of paying the compensation. The learned Tribunal found that the claimant is entitled to get a sum of Rs. 2,19,000/ - as compensation together with interest at the rate of 6% per annum from the date of the claim petition till realisation.

(2.) IN M.A.C.A No.1802/05 the claimant is challenging the adequacy of the compensation. In M.A.C.A No.218/06 the insurer would contend that the compensation awarded to the claimant for permanent disability is exorbitant as the learned Tribunal has adopted a higher multiplicand even though the injuries and the consequential disability has not reduced the earning capacity of the claimant.

(3.) MEDICAL records reveal that the claimant after the accident was admitted to Fathima Matha Hospital where the following injuries were noted : -