NATIONAL INSURANCE CO. LTD. Vs. PAUL NICHOLSON

JUDGEMENT

(1.) THE respondent Nos. 1 and 2 in O.P. (MV) No. 695 of 1987 of the M.A.C.T., Kottayam are the appellants. They filed this appeal against the award of the Tribunal dated 15.3.1990 in the above claim petition. The appellant No. 1 is the insurer of the vehicle involved in the accident and the appellant No. 2 is its owner. The respondent Nos. 1 and 2 herein are the claimant and the driver of the lorry involved in the accident. The respondent No. 1 filed the above application for compensation in respect of the injuries sustained by him during the accident which took place on 31.3.1987 while he was riding the motor cycle. He claimed a total compensation of Rs. 1,12,750/ -. The Tribunal after the enquiry allowed the entire amount claimed with 12 per cent interest. Hence this appeal has been filed by the appellants.

(2.) THE only contention urged by the appellants is that the compensation awarded by the Tribunal is excessive. In this connection it is pointed out that there was no material before the Tribunal to award such a huge amount towards compensation.

(3.) LIKEWISE , the grant of Rs. 5,000/ - for loss of earning power has been seriously attacked. In fact the counsel points out that there was no loss of earning power in the case of the claimant in view of the fact that subsequent to the accident the claimant had got employment as per Exh. A12. Therefore, we are also inclined to disallow Rs. 5,000/ - for loss of earning power.