NATIONAL INSURANCE COMPANY LTD Vs. SWARUN SEBASTIAN

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No.445/2015 of the Principal Motor Accidents Claims Tribunal, Kozhikode by the insurer. The first respondent in this appeal sustained injuries in a motor accident on 19.11.2014 at 7.45 am and the learned Tribunal awarded compensation of Rs.31,05,700/- with 9% interest and proportionate cost. Being aggrieved by that award, the insurer preferred this appeal.

(2.) In the lower court, the claimant's case was that on 19.11.2014 at 7.45 am, he was riding a motor cycle KL 50 C 8431 from Devagiri College hostel to Mavoor Higher Secondary School, when he reached near the petrol pump at Valliparambu, another motor vehicle KL-11-AN-6110 driven in a rash and negligent manner while overtaking a jeep hit against the appellant's motor cycle, as a result he sustained serious injuries. Immediately, he was removed to MIMS Hospital, Kozhikode and thereafter to Ganga Medical Centre & Hospital Pvt. Ltd, Coimbatore. The driver and owner were set ex-parte. The insurer admitted the insurance of the vehicle. The claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A11. The disability certificate was marked as Ext.C1. The learned Tribunal awarded following amount as compensation.

(3.) The learned counsel appearing for the appellant insurer contended that the injured was a M.com student of Devagiri College at the time of accident and his income taken for calculating compensation was at higher side. He is the only earning person and lesser amount is to be considered as a multiplicand. Moreover, 50% taken along with the income is also unsustainable in law. The amount awarded towards future treatment is also at higher side.