NEW INDIA ASSURANCE COMPANY LIMITED Vs. V.KRISHNAN

JUDGEMENT

(1.) The New India Assurance Company appealed against the award of the compensation on two grounds, namely, violation of terms and conditions of the policy and quantum of compensation.

(2.) The learned counsel for the New India Assurance Company contended that the driver of the offending vehicle was not having proper endorsement to drive the vehicle. A staff from RTO office also has been examined as RW1. However, the Tribunal has brushaside that evidence holding that RTO himself ought to have been examined.

(3.) The learned counsel for the Insurance Company further contended that the Tribunal has not properly considered the evidence of PW2, who mentioned that the disability is at 6.8%. After giving compensation for disability, again the Tribunal granted Rs.1,00,000/- for the very same disability. It is double compensation. The Tribunal granted compensation under the head 'mental agony' as well as 'pain and suffering'. It is also double compensation. The claimant has paid only a small amount towards medical bills and major amount has been paid by TTK company. But the Tribunal granted him the entire amount.