NATIONAL INSURANCE CO LTD Vs. THIRU MURUGAN

JUDGEMENT

(1.) The Insurance Company has come forward with this appeal against the grant of an award of Rs. 5,68,000/-in respect of an injury caused to a cleaner of a JCB vehicle, in MCOP. No. 44 of 2004 on 19.04.2007 on the file of the Learned Motor Accident Claims Tribunal (Subordinate-judge) of Mettur, Salem District.

(2.) The claimant is a cleaner of a JCB vehicle. The accident is admitted. But the liability is questioned by the Insurance company on the ground that the JCB vehicle which is insured is not covered under the policy if there is over-turning of the vehicle. The main defense by the Insurance Company is that, since the injury took place due to the over-turning of the vehicle and thereby the injured person's leg was crushed and the policy does not specifically cover for over-turning and also does not cover for any other person other than the driver, the Insurance Company cannot be held liable to pay the compensation.

(3.) Secondly, they would also mainly contend that the quantum of award granted by the court below is exorbitant. They would also contend that the award passed on the basis of multiplier theory in respect of an injury is un-known to law and it is not in accordance with the decisions of this Court and Hon'ble Supreme Court. Further, the various headings including loss of earning power after applying the multiplier theory and on every other heading which is given is only a repetition and the amounts have been given exorbitantly and they would also like to point out that even the amount of Rs. 50,000/-awarded under the headings loss of marital life, even though there is no proof for any loss to the marital life and loss of earning capacity separately is not in consonance with the Hon'ble Full Bench of this Court. Therefore, the grant of an award of Rs. 5,68,000/-awarded by the court below is very very high. On this ground also, they oppose the grant of compensation. Hence, they pray for dismissal of the claim petition.