NATIONAL INSURANCE CO LTD Vs. M ALAGAPANDIAN

JUDGEMENT

(1.) INSURER is the appellant. The contention is that compensation had been awarded on account of loss of earning capacity due to disability on a higher extent of 60% and to the tune of Rs. 2,16,000. 00.

(2.) ACCIDENT is admitted. The injury sustained is also not disputed. The right hand was injured while the claimant was traveling in a passenger bus, when on his elbow the rear view mirror of the vehicle coming from the opposite direction was hit. It is contended that there was negligence on the part of the claimant in protruding his elbow outside the bus. The further contention is that the tribunal had adopted Rs. 2000/- as the monthly income of the claimant without any cogent evidence. The driver and owner remained ex parte. Therefore, sanction was obtained under Section 170 by the appellant/insurer to contest on the contentions available to them. The compensation so awarded is therefore excessive.

(3.) RELYING on the decision reported in A. C. Billings and Sons Ltd. V. Riden (1958 AC 240) a Division Bench of this court had held that a driver could not have driven the vehicle to a extreme end of a road. In this case the driver of the truck ought not have taken his truck so close to the passenger bus coming from the opposite direction. So he had not shown reasonable care. In the decision cited above it was held as follows: