NEW INDIA ASSURANCE CO. LTD. Vs. N. THIYAGARAJAN

JUDGEMENT

(1.) THIS appeal has been filed by the Insurance Company challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal (V Judge, Court of Small Causes), Chennai. in and by award dated 23.04.2014 made in M.C.O.P.No.1114 of 2013. Since the present appeal has been filed only questioning the quantum of compensation awarded by the Tribunal, I am not dealing with the other aspects of the award.

(2.) SO far as the quantum of compensation is concerned, it is the case of the claimant before the Tribunal that on account of the accident, he had sustained fracture on his nasal bone, injuries on his right knee and right ankle and multiple injuries all over the body. Hence, he made a claim of Rs.6,00,000/ -.

(3.) IN order to prove the disability, the first respondent/claimant examined himself as PW1, besides examining Dr.K.J.Mathiazhagan as PW2 and marked nine documents as Exs.P1 to P9. PW2 had deposed in his evidence that on account of the accident, the first respondent/claimant sustained head injury, fracture of nasal bone, bilateral lung contusion with haemothorax and treated conservatively. PW2 had assessed the disability suffered by the victim at 50%. It is his further evidence that the victim is experiencing pain and stiffness in nasal area and occasional giddiness and vomiting.