UNITED INDIA INSURANCE COMPANY LTD. Vs. ANJU ANTONY

JUDGEMENT

(1.) BOTH these appeals are filed by the respective appellants aggrieved by the award in O.P.(MV) No. 401/2003 of the Motor Accidents Claims Tribunal, Ernakulam. The Insurance Company who was the third respondent is the appellant in M.A.C.A. No. 578/2009 and the claimant is the appellant in M.A.C.A. No. 1769/2009. The claimant in this case, an Engineering graduate at the time of the accident, but later got employment as Software Engineer in INFOSYS, suffered serious injuries on 17.10.2002 in an accident which occurred at Sahodaran Ayyappan road, Ernakulam at 9.15 a.m. The Tribunal has assessed a total compensation of Rs. 12,22,145/ -. Out of the said amount, Rs. 7 lakhs has been granted towards future treatment and in the appeal filed by the Insurance Company, it is contended that the same is an exorbitant amount. As far as the claimant is concerned, enhancement is sought on various heads including medical expenses, for permanent disability, for bystander's expenses, for extra nourishment, for pain and suffering, for loss of amenities and disfigurement.

(2.) WE heard the learned Senior Counsel for the Insurance Company Sri. Mathews Jacob for the appellant in M.A.C.A. No. 578/2009 and Sri. R.S. Kalkura, Sri. M.S. Kalesh and Sri. Harish Gopinath for the appellant in M.A.C.A. No. 1769/2009.

(3.) WE will be referring to the details of the treatment for assessing claims under various heads. According to her, she was aged 22 at the time of the accident and had obtained Engineering degree in the discipline of Computer Science in June 2002. At the time of the accident she was self employed and it was also contended that she was undertaking work of software development for clients and contractors and was earning Rs. 20,000/ - to Rs. 25,000/ - a month. She belongs to an upper middle class family. Her father is a qualified mechanical engineer, her mother is a Senior Officer in the Kerala State Electricity Board and her sisters are also doctors and they are married to a Senior College Lecturer and a Marine Engineer.