NATIONAL INSURANCE CO.LTD Vs. SHIBU.V.N.,

JUDGEMENT

(1.) THE Insurance Company who is the third respondent in OP(MV) No. 476 of 2007 before the Motor Accidents Tribunal, Pala, is the appellant here. The OP was filed by the first respondent herein, claiming compensation for the injuries and disabilities suffered by him in an accident caused by the negligent driving of a vehicle insured with the appellant. After finding negligence on the part of the driver of the vehicle insured with the appellant - insurance company, the Tribunal awarded compensation under various heads as follows:

(2.) THE appellant is challenging the quantum of compensation awarded as excessive. The main contention is regarding the compensation for pain and suffering and for permenant disability. The contention is that out of the injuries narrated by the Tribunal, the fracture on 4th and 5th metacarpel bone (Right) was admittedly not incurred on account of this accident, since the claimant himself in his deposition stated so. Therefore, the compensation for pain and suffering is excessive. It is also submitted that the compensation for loss of earning capacity has been calculated wrongly.

(3.) WE have considered the rival contention in detail.