NATIONAL INSURANCE CO. LTD. Vs. MALLIGA

JUDGEMENT

(1.) The Insurance Company questions the quantum of compensation awarded.

(2.) The road accident was on 11.7.2003. The injured/first respondent was then 40 years old. An agricultural coolie. PW2 determined her disability at 65%. The Tribunal totally awarded her Rs.3,50,295/-. It includes Rs.1,30,000/- towards disability, Rs.30,000/- towards future medial expenses and Rs.30,000/- towards loss of earning power.

(3.) The learned counsel for the appellant contended that after having awarded Rs.1,30,000/- towards disability, the Tribunal ought not to have awarded Rs.30,000/- towards loss of earning power. He further contended that in the absence of evidence, awarding Rs.30,000/- towards future medial expenses will not arise. It is also contended that the accident took place on 11.07.2003, but the F.I.R was lodged only on 18.07.2003. The evidence of RWs.1 and 2 and Ex.R2, Investigation Report discloses that the insured vehicle is not involved in the accident.