UNITED INDIA INSURANCE COMPANY LTD Vs. S ABHINESH

JUDGEMENT

(1.) MESSRS United India Insurance Company, Chennai-2 is the appellant. The appellant challenges the quantum determined by the Motor Accidents Claims Tribunal, Chennai dated 10-8-2000 made in M. C. O. P. No. 2971 of 1996. Since the appellant-Insurance company challenges the quantum determined by the Tribunal, it is unnecessary for this Court to go into the finding relating to negligence and the liability of the Insurance Company.

(2.) IN respect of grievous injuries sustained in a road accident, the minor claimant/first respondent herein, namely, S. Abhinesh prayed for a compensation of Rs. 2,50,000/-through his father and next friend M. Suresh. His father was examined as P. W. 1 and he deposed that due to the accident, his son sustained fracture in his fight hand, fracture in his right shoulder, and damage to his right eye, and he had taken treatment for a period of 3 months at Stanley Government Hospital. Ex. P-1 is the discharge summary; Ex. P-2 is the medical report issued by Opthalmic Hospital, Egmore; Ex. P-3 is the O. P. chit; and Ex. P-4 is the certificate issued by Doctor. Apart from the evidence of P. W. 1, Doctor who assessed the disability, was examined as P. W. 3. In his evidence, he has stated that on 10-1-99 he examined the minor injured claimant, aged about 8 years and verified the hospital records. He also noticed skin grafting and damage to his eyes and also fracture in right hand. He assessed disability in so far as the defect in his right eye to an extent of 50 per cent; and for the fracture in right hand, to an extent of 50 per cent; altogether the total assessment of disability is 100 per cent. He issued disability certificate which has been marked as Ex. P-8. X-ray pertaining to his right hand was marked as Ex. P-2; and X-ray pertaining to his head marked as Ex. P-10.

(3.) BASED on the above evidence, the Tribunal has granted Rs. 3,500/- towards transport charges, Rs. 1,300/- towards nutritious food. The Tribunal has also granted Rs. 15,000/- towards medical expenses based on the evidence of P. W. 1 and the documents. Considering the injury on the right eye and fracture on the right hand, the length of period of treatment in the hospital, the skin grafting surgery etc. , the Tribunal has granted a sum of Rs. 50,000/- towards pain and suffering. Taking note of the disability, namely, 50% plus 50% = total 100 per cent and the evidence of P. W. 3, and inasmuch as the injured claimant being aged about 8 years at the time of the accident, the Tribunal granted Rs. 1,60,000/-towards permanent disability. Inasmuch as the injured claimant has to prolong his life with the said disablement till his life time and it would affect his future earning power, the Tribunal has fixed Rs. 60,000/- towards his loss of earning capacity, and altogether it passed an award of Rs. 2,29,800/ -.