UNITED INDIA INSURANCE CO LTD Vs. S SURESH

JUDGEMENT

(1.) AGGRIEVED by the Award of the Tribunal in the case of injury in an accident that took place on 27.5.2002, granting compensation of Rs.1,94,731/- with interest at 9% per annum to the respondent/claimant as against the claim of Rs.5,00,000/-, the United India Insurance Company has come forward with this appeal.

(2.) THE main ground of attack by the appellant-United India Insurance Company is that on 27.5.2005 when the first respondent/petitioner was returning by a motor cycle along with the second respondent as a pillion rider in the motor vehicle bearing Registration No.TN 23-E-4764 L.M.L. Plus E.S., the vehicle was driven by the first respondent in a rash and negligent manner and he tried to stear the vehicle from down mud road to the thar road, lost balance and both of them fell down from the vehicle. Due to this, the petitioner and the pillion rider sustained fracture injuries in hands, face, chest and closed long spiral Right Tebia and Closed Right Fibula, Right foot and other part of body. After getting first aid treatment, the petitioner was brought to CMCH Vellore hospital by a van on the same day evening and admitted him in the CMCH emergency/casuality ward in a serious condition, however he was discharged on the same day and advised to take rest. THEreafter, he took treatment at MIOT Hospital and surgery was performed on him for fixing metals on his right leg in three places and he was advised to come to check up every 15 days. He had spent more than 2,00,000/- for his treatment and due to the accident, he is unable to move his leg and he could move only with the help of artificial equipments. He had also lost his income for six months and therefore, he claimed a compensation of Rs.5,00,000/-.

(3.) ON a careful consideration of the evidence let in by the claimants and the documents produced, the short point for consideration in this appeal is whether the amount awarded by the Court below is high and excessive"