ORIENTAL INSURANCE CO LTD Vs. THIAGARAJAN & ANR

JUDGEMENT

(1.) In a case of injury, the appeal has been filed by the Oriental Insurance Company challenging the award and decree dated 21-10-2002 made in M.C.O.P. No. 1013 of 2000 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Cuddalore, only in respect of the quantum of compensation.

(2.) 48 years old claimant-Thiagarajan, a baker by profession was hit by a mini-lorry, insured with the appellant, while he was standing on the road side and he suffered injuries. He was treated at Krishna Hospital, Cuddalore from 9-7-2000 to 25-7-2000. He suffered fracture of 4th and 5th metacarpal bone. He claimed Rs. 5,00,000/- as compensation. In support of the claim, the claimant was examined as P.W. 1 and Doctor was examined as P.W. 2 and Exs. P1 to P20 were marked, of which the relevant document for the purpose of this case is Ex. P19, i.e. disability certificate assessing the disability at 60%. The medical records are not in dispute. The Tribunal awarded Rs. 65,008/- for medical expenses based on Exs. P8 to P18. Insofar as compensation is concerned, the Tribunal reduced the disability to 40% and by adopting the multiplier method granted Rs. 1,87,200/- (Rs. 3000/- x 12 x 13 x 40%) and totally Rs. 2,52,208/- rounded off to Rs. 2,52,210/- as compensation with 9% interest.

(3.) On appeal, the contention is that consequent to the injuries suffered and treated, the claimant is not entitled to compensation by adopting the multiplier method. There is no evidence to show that his earning capacity has been lost in its entirety so as to adopt multiplier method. He, therefore, sought for reduction of compensation of various heads as applicable.