ORIENTAL INSURANCE COMPANY LTD GOBICHETTIPALAYAM Vs. SIVAGAMI

JUDGEMENT

(1.) The Appellant/Insurance Company has come forward with this appeal as against the award granted by the Tribunal on the ground that the Tribunal has failed to take into consideration that the injured person was travelling in a vehicle violating the policy conditions viz., motorcycle carrying three passengers, which is against Section 128 of the Motor Vehicles Act. When there is a violation of policy condition, the claimant ought to have contributed to the accident. Therefore, the contributory negligence aspect should have been considered by the Tribunal. The learned Counsel for the Appellant/Insurance Company would contend that the quantum of compensation granted by the Tribunal in respect of the injuries suffered by the claimant is high. Therefore, they have come forward with this appeal.

(2.) The learned Counsel for the first Respondent/claimant would mainly contend that the claimant was aged about 54 years at the time of accident and she has sustained the following injuries:

(3.) With such multiple fractures, the claimant being a lady, hospitalized as an inpatient between 16.03.2000 and 30.03.2000 continuously for 15 days and thereafter, took treatment as an out patient between 30.03.2000 and 28.04.2000, the amount of pain and suffering undergone by the injured person was exhorbitant. Therefore, even though multiplier theory was adopted, the amount granted under the head 'permanent disability' is only Rs. 1,98,000/-. Further, including medical bills, extra nourishment and pain and suffering, only a sum of Rs. 4,46,676/-has been awarded. Therefore, the quantum of compensation granted by the Tribunal was reasonable.