RELIANCE GENERAL INSURANCE COMPANY LTD., Vs. A.PERUMAYEE

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Award dtd. 19/1/2024 made in MCOP.No.404 of 2020 on the file of the Motor Accident Claims Tribunal, Principal Sub Court, Karur.

(2.) In an accident which occurred on 14/2/2020, the 1st respondent/claimant sustained crush injury over left leg, injuries in the right wrist, left pelvic region and all over the body. Immediately after the accident, she took first aid in Amaravathi Hospital, Karur and later she was referred to Velammal Hospital, Madurai, for further treatment, where she was admitted as inpatient between 14/2/2020 and 23/3/2020 for 39 days. In the course of treatment, due to the crush injury, the claimant's left leg was amputated above knee. Seeking compensation for the injuries sustained in the accident, the respondent/claimant claimed compensation of Rs.30,00,000.00. The appellant who is the insurer of the offending vehicle owned by the 2nd respondent herein, filed counter disputing the averments in the claim petition and pleaded contributory negligence. The appellant has also contended that the 2nd respondent had not possessed valid driving licence at the time of accident and therefore, the appellant is not liable to pay the compensation. Before the Tribunal, the injured claimant examined herself as PW1 and 9 documents were marked as Exs.P1 to P9. On the side of the appellant, no oral and documentary evidence was let in. The disbility certificate of the claimant was marked as Ex.C1. After considering the oral and documentary evidence, the Tribunal held that the accident had occurred due to the rash and negligent driving of the 2nd respondent and consequently directed the appellant to pay compensation of Rs.22,11,200.00 with 7.5% interest per annum from the date of petition till the date of deposit. Aggrieved by the award, the appellant insurance company has filed this appeal questioning the quantum of compensation.

(3.) The learned counsel for the appellant would submit that the award of Rs.2,32,050.00 towards future prospects is without any basis and the award of Rs.3,00,350.00 for fixing artificial limb and Rs.2,25,000.00 towards maintenance of artificial limb is excessive. He would further contend that the Tribunal has awarded exorbitant sum of Rs.1,00,000.00 each under the heads, pain and suffering, loss of amenities and disability & disfigurement without any evidence and therefore, the same are liable to be set aside.