THE ORIENTAL INSURANCE CO. LTD. Vs. SWAPNA SETHU

JUDGEMENT

(1.) THIS is an appeal by the insurance company wherein the only question is with respect to the quantum of compensation awarded by the Tribunal.

(2.) THE sole respondent herein is the claimant before the Tribunal. She was seriously injured in an accident which occurred on 25.8.2009 at about 9.45 a.m. She was travelling in bus bearing Reg. No. KL -10 -M -6829 from Feroke Koya's Hospital to MIMS Hospital and when the bus reached at Thiruvannur, it collided with another bus bearing Reg. No. KL -08 -AF 5868. As far as the respondent herein is concerned, the accident caused dislocation on T12 vertebra with traumatic paraplegia. In total the claimant claimed an amount of Rs. 50 lakhs as compensation and the Tribunal, by the impugned award, allowed her to recover an amount of Rs. 43,21,345/0 with interest at the rate of 7% per annum from 6.5.2010.

(3.) ANNEXURES A1 and A2 have been produced along with I.A. No. 228/2013. In the counter affidavit filed by the respondent in the I.A., it is explained that she had sustained 90% disability due to the accident. She is attending her office (school) with much difficulty and pain. She cannot lead her life as a normal person and has lost her enjoyment in life totally. She needs the help of a bystander always to move about and is not able to lead a normal family life with her husband. She has no children and cannot expect the same in future and cannot say at present, that she can continue her service in future. Therefore, the compensation granted for continuing permanent disability is not bad in law.