M GANESHMOORTHY Vs. S KALIAPERUMAL

JUDGEMENT

(1.) THE owner and insurer of the vehicle in question are the appellants in this appeal.

(2.) IN respect of grievous injuries sustained in a motor vehicle accident that took place on 04.12.1994, the respondent herein / claimant prayed for a compensation of Rs. 3 lakhs. Before the Tribunal, the injured claimant was examined as P.W.1 and Dr. T. Veeramuthu as P.W.2, besides marking Exs. A -1 to A -15 and on the side of the owner and insurer, no oral and documentary evidence was let in, in support of their defence. The Tribunal, after holding that the accident was caused due to the negligence of the driver of the vehicle in question, passed an award for Rs. 1, 41, 000/ - with interest at 12% per annum from the date of petition till date of deposit. Aggrieved by the same, the present appeal has been filed.

(3.) AFTER taking us through the award of the Tribunal, the learned counsel appearing for the appellants would submit that, inasmuch as the permanent disability, even according to the doctor, is 41%, grant of Rs. 1, 08, 000/ - under the head 'permanent disability' is excessive and not warranted. On going through the evidence of P.Ws.1 and 2 and other documents, namely, Exs.A -5 to A -15 as well as his profession, namely, fisherman, we are unable to accept the said contention for the following reasons.