NATIONAL INSURANCE COMPANY LIMITED Vs. JAMES

JUDGEMENT

(1.) The Insurance Company has come forward with this Civil Miscellaneous Appeal as against the grant of award of Rs.2,34,990/- to the first respondent, in respect of the injury of fracture of right thigh bone sustained by him, by the learned Principal Subordinate Judge, Motor Accidents Claims Tribunal, Chengalpattu, in M.C.O.P.No. 391 of 2004, dated 06.02.2008.

(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.S.Arunkumar, learned counsel for the appellant-Insurance Company mainly submitted that the lower Court has adopted the multiplier theory in a case of injury, without there being any functional disability. According to the evidence of the Doctor, who has been examined as P.W.2, the percentage of disability was assessed at 35% and therefore, the amount of compensation awarded by applying the multiplier theory method is wrong and hence, the appeal.