ORIENTAL INSURANCE COMPANY LIMITED Vs. PAVAYAMMAL

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 29.9.2003 made in MCOP.No.413/2001 by the learned Subordinate Judge (MACT) Bhavani, whereby the Tribunal awarded a sum of Rs.4,50,000/- as total compensation to the 1st Respondent/claimant for the injuries sustained by her in the motor accident that occurred on 29.3.2001.

(2.) THE injured claimant, who died pending this appeal was an agricultural coolie, earning Rs.3000/- per month, met with an accident on 29.3.2001 at about 8.30 p.m. on Bhavani to Anthiyur Main Road, near Thottipalayam. She was hit by the offending lorry which was insured with the Appellant Insurance Company. Her right leg was amputated above knee from the thigh. She filed an application before the Tribunal claiming compensation for the injuries suffered by her in the accident. As a result of the amputation of her right leg, she was no longer in a position to walk without support and was, therefore, rendered incapable of doing any work and to earn her livelihood.

(3.) THE learned counsel for the Appellant contended that in view of inconsistent and contradictory evidence with regard to the age of the claimant, the Tribunal ought not to have applied the multiplier of 13 and prayed for modification of the multiplier.