ORIENTAL INSURANCE CO. LTD. Vs. UMMER

JUDGEMENT

(1.) INSURANCE Company has filed this appeal against the quantum of compensation awarded by the Tribunal.

(2.) THE claimant met with an accident on 23.06.2005 while he was riding his motorcycle on collision with a bus on the backside of the motorcycle. The claimant sustained severe injuries. The claim petition was filed seeking compensation of Rs. 15 lakhs. The Tribunal awarded a sum of Rs. 5,57,930/ -. According to the Insurance Company, the compensation awarded towards pain and suffering, loss of marriage prospects as well as towards disability are excessive. It is also their grievance that the income reckoned by the Tribunal in respect of the claimant is excessive.

(3.) THE injured was aged 19 years at the time of the accident. It was claimed that he was a coolie earning monthly income of Rs. 4,500/ -. He sustained severe head injury, brain stem injury, diffuse brain injury, left facial palsy bilateral foot drops and comminuted fracture right fibula. He underwent treatment in Moulana Hospital, Perinthalmanna. For the first spell of 20 days he remained unconscious. He underwent inpatient treatment for a period of 76 days. After discharge from the hospital on 7.9.05, he had to undertake several visits to the hospital, which the Tribunal found as more than 20 times.