BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED Vs. VEERAMANI

JUDGEMENT

(1.) THE appeal is preferred by the Insurance Company-appellant against the Award dated 07.05.2007 made in MACTOP No.648 of 2005 on the file of the Motor Vehicles Accident Claims Tribunal (Fast Track Court), Tirupur, Coimbatore. THE insurance company is disputing the quantum of compensation of Rs.1,85,800/- awarded by the court below and not the liability to pay the compensation.

(2.) THE facts which are necessary to be mentioned are that on 27.06.2005 at about 11.15 hours, when the claimant/first respondent herein was driving the mini auto bearing Registration No. TN 48 2350 from North to South in the Tirupur to Avinashi Road Railway Overbridge, Tirupur, the driver of the mini auto bearing Registration No. TN 38 T 5148 drove it in a rash and negligent manner and dashed against the auto driven by the claimant. In the impact, the claimant sustained grievous fracture injuries in the right tibia and fibula, both hand wrist fracture, nose bone fracture, injuries on his head, frontal region of head and all over his body. THE claimant was taken to Government General Hospital, Tirupur where he was admitted as an in-patient and treated for twenty days. At the time of accident, the claimant was 36 years old, employed as a auto driver under one A. Abbas, owner of the mini auto and earned Rs.6,000/- per month. Due to the accident, he could not discharge his duties as before. THErefore, he filed the claim petition claiming compensation of Rs.5 lakhs for the injuries sustained by him.

(3.) HEARD the learned counsel for both sides. The point for consideration in this appeal is whether the quantum of compensation awarded by the Court below is reasonable or it is liable to be interfered with.