ORIENTAL INSURANCE COMPANY LIMITED Vs. M. RAJENDRAN

JUDGEMENT

(1.) THE Oriental Insurance Company Limited which figured as the third respondent in M.C.O.P.No.594 of 2006 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate No.2), Krishnagiri has come forward with the present Appeal challenging the award passed by the said Tribunal so far as the quantum of compensation is concerned.

(2.) IT is not in dispute that the petitioner while proceeding in a TVS Star Motor Cycle belonging to one G.Venkatesh, met with an accident as the said motor cycle was hit by a Tractor bearing Registration No.TN -33 -A -2464 owned by the third respondent herein which was driven at the time of accident by the second respondent herein. Claiming that the accident took place due to the rash and negligent driving of the said Tractor by its driver viz., the second respondent herein, the first respondent herein/claimant made a claim of Rs.10,00,000/ - as compensation against the appellant and respondents 2 and 3. The respondents 2 and 3 herein did not contest the claim. The insurer viz., the appellant herein alone contested the claim disputing the averments made by the first respondent herein/ claimant regarding negligence and also the quantum of compensation claimed by the first respondent/claimant.

(3.) IN the enquiry, two witnesses were examined and 15 documents were marked as Exs.A.1 to A.15 on the side of the first respondent herein/claimant. No witness was examined and no document was marked on the side of the respondents in the M.C.O.P. At the conclusion of enquiry, the Tribunal held that the accident took place due to the rash and negligent driving of the Tractor bearing Registration No.TN -33 -A -2464 belonging to the third respondent herein which stood insured with the appellant herein. The Tribunal took the age of the first respondent herein/injured claimant to be 48 years, selected '13' to be the appropriate multiplier, assessed his annual income at Rs.99,876/ -, found that the first respondent herein was found with 45% of permanent disability and calculated a sum of Rs.5,84,274/ - as damages towards loss of future earning capacity. To the said amount conventional damages were added as follows: