NATIONAL INSURANCE CO LTD Vs. S VIJAYAKUMAR

JUDGEMENT

(1.) THE National Insurance Company Limited has filed the appeal disputing the compensation amount of Rs. 2,21,378/- awarded in M. C. O. P. No. 1448 of 1999 on 9. 6. 2003 by the Motor Accidents Claims Tribunal, (Additional District Court, Fast Track Court No. 5), Coimbatore at Thiruppur in respect of the injuries sustained by the claimant in the accident that took place on 6. 9. 1999.

(2.) THE only contention raised by the learned counsel for the appellant is that the compensation of Rs. 2,01,600/- awarded by the Tribunal towards loss of income is on the higher side.

(3.) THE learned counsel appearing for the Insurance Company vehemently contended that the loss of income fixed by the Tribunal to the claimant who is a labour in Banian Company and aged about 20 years at the time of accident, by adopting multiplier is not proper. The learned counsel further submitted that there is no satisfactory evidence adduced on the side of the claimant that he has lost the income totally. It is further stated that the loss of income arrived at on the basis of the regular monthly income fixed at Rs. 3,000/- by the Tribunal also cannot be said proper. The learned counsel also relied on the judgment of a Division Bench of this Court in United India Insurance Company, Ltd.- vs.- Veluchamy reported in 2005 (1) C. T. C. 38, in which, the Division Bench of this Court has held in paragraph 11 thus:-