NEW INDIA ASSURANCE CO. LTD Vs. SUDHEER

JUDGEMENT

(1.) These Appeals arise out of the Award in O.P.(MV) No.2730 of 2012 on the file of Motor Accidents Claims Tribunal, Thrissur. The Claimant is the Appellant in M.A.C.A. No.2083 of 2017 and the 3rd Respondent/Insurer is the Appellant in M.A.C.A. No.2067 of 2017. The Claimant is assailing the award on the ground of inadequacy of Compensation and the Insurer is against the excessive nature of the Compensation awarded by the Tribunal.

(2.) The Claimant/Appellant in M.A.C.A. No.2083 of 2017 met with a Road Traffic accident on 7/10/2012 at 3.30 p.m., while he was riding his Motorbike. According to him, KL-47-A-444 Lorry driven by the 1st Respondent in a rash and negligent manner dashed against his Motorcycle and he sustained serious injuries, resulting in amputation of his left leg below knee. He was a 37 year old Coolie earning Monthly Income of Rs.9,000.00 and he became totally disabled due to the accident. He approached the Tribunal claiming compensation of Rs.30.00 lakh. But, the Tribunal awarded only Rs.18,60,600..00 According to him, it was not the Just Compensation to be awarded and hence, he filed M.A.C.A. No.2083 of 2017, challenging the quantum.

(3.) According to the Insurer/Appellant in M.A.C.A. No.2067 of 2017, since the Doctor certified the disability of the injured as 50%, the Tribunal ought not have fixed the Functional Disability at 100%, while awarding Compensation for disability. Moreover, the Tribunal awarded Rs.3.00 lakh for Future Treatment, without any factual finding, and moreover, 9% Interest was awarded from the date of Petition, for an amount which was yet to be incurred in future. The Compensation awarded under other heads also is challenged as it is excessive.