UNITED INDIA INSURANCE CO. LTD Vs. P. MOHAN

JUDGEMENT

(1.) This Appeal has been filed by the Insurance Company questioning the very liability to pay Compensation to the Respondent that has been fixed by Motor Accident Claims Tribunal, Salem in MCOP No.603 of 2017 by Award, dtd. 6/7/2019.

(2.) Heard Mr. C. Paranthaman, learned Counsel appearing on behalf of the Appellants and Mr. S.P. Yuvaraj, learned Counsel appearing on behalf of the Respondent.

(3.) In the instant case, admittedly the Respondent/Claimant had sustained injuries after being hit by an unknown vehicle. As per the Policy, the Respondent had a cover under personal accident for Owner-Driver. If Compensation has to be paid under this Policy, 100% cover is payable only in the case of death, loss of two limbs or sight of two eyes. Permanent Total Disablement of 50% of the PA cover is payable for loss of one limb or sight of one eye. Other than this, the Claimant will not be entitled for any Compensation as per the Policy condition. In the instant case, the Claimant/Respondent has suffered a fracture of the Fifth Metacarpal bone and the disability was assessed at 16.5%.