LAWS(MAD)-2011-10-147

NATIONAL INSURANCE COMPANY LIMITED CUDDALORE Vs. ARIYAMALA

Decided On October 19, 2011
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
ARIYAMALA Respondents

JUDGEMENT

(1.) The Insurance Company has come forward with this Civil Miscellaneous Appeal as against the grant of award of Rs.2,05,000/- to the first respondent, a lady, who sustained fracture of tibia bone on the left leg, by the learned Subordinate Judge, Motor Accidents Claims Tribunal, Cuddalore District, in M.C.O.P.No. 1043 of 2005, dated 26.10.2007.

(2.) In this case, the accident is admitted and the liability is also admitted, but, the quantum alone is questioned.

(3.) Even, insofar as the quantum is concerned, Mr. J.Chandran, learned counsel for the appellant-Insurance Company mainly contended that the lower Court has simply taken Rs.2,500/- as the monthly income, without any document and applied the multiplier theory method for the 40% disability sustained by her and awarded a sum of Rs.1,80,000/- under the head 'permanent disability', which is exorbitant and under other heads also, the compensation amount is awarded and aggrieved against the same, the Insurance Company has come forward with this appeal.