NATIONAL INSURANCE COMPANY LIMITED Vs. BHARATHAN

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No.342/2010 of the Additional Motor Accidents Claims Tribunal, North Paravur by the insurer. On 05.07.2008 the 1st respondent sustained injuries in a motor accident while he was walking through the western side of the road and the learned Tribunal awarded Rs. 3,38,000/- as compensation. Being aggrieved by that award, the insurer preferred this appeal.

(2.) The learned counsel appearing for the appellant contended that excess amount was awarded by the Tribunal towards the loss of earning power. Moreover, the compensation for loss of amenities and permanent disability were not properly considered by the Tribunal. There is no appearance on the side of the injured even after specific notice.

(3.) Apex court in Raj Kumar v. Ajay Kumar [2011(1) KLT 620 (SC)] held as follows: