ORIENTAL INSURANCE CO. LTD. Vs. SAHAYA KINGSLY @ KENI

JUDGEMENT

(1.) IN the appeal, the Oriental Insurance Company contends that more compensation is awarded, while in the Cross -objection, the injured contends that less compensation is awarded. On 17th February, 2009, in a road accident, the first respondent sustained multiple grievous injuries. The Tribunal awarded him Rs. 3,03,000.

(2.) THE learned Counsel for the appellant would contend that the Tribunal heavily relied on Ext. P.8 Disability Certificate issued by P.W.2. When he has not treated the injured, he is not competent to issue the certificate. P.W.2 determined the disability without following proper procedure. His determination of rate of disability is also excessive. In support of his contention, the learned Counsel for the appellant also cited Madan Lal Papneja v. State of Haryana and Others, : IV (2010) A.C.C. 948 (P & H) and Purshotam Das v. New India Assurance Co. Ltd. and Others, : II (2011) ACC 581: 2011 (3) T.A.C. 641 (Del.). This is the only point urged by the appellant.

(3.) I have considered the rival submissions, perused the materials on record and the impugned award of the Tribunal.