NATIONAL INSURANCE CO.LTD. Vs. S.KALLIAPPAN

JUDGEMENT

(1.) The Insurance Company is the appellant before this Court challenging the award of Rs. 1,92,000.00 (Rupees One Lakh Ninety Two Thousand only) awarded to the first respondent for the disability sustained in the accident occurred on 22.09.2004, when he was travelling in the Tata Sumo Car bearing Registration No.TN-39-M-6600 belonging to the second respondent herein from Madurai to Peraiyur and the same was driven in a rash and negligent manner and the vehicle got capsized on the left side of the road and resultantly, the first respondent/claimant sustained multiple fractures and grievous injuries. Therefore, he filed a claim petition before the Tribunal.

(2.) The Tribunal, after contest, found that the driver was rash and negligent and awarded a sum of Rs. 1,92,000.00 (Rupees One Lakh Ninety Two Thousand only) as compensation. The said award is challenged before this Court.

(3.) Mrs. K.R. Shivasankari, learned Counsel appearing for the appellant submits that only the quantum is in question. According to her, there was only amputation of two fingers, namely, ring finger and index finger of the left hand and for that, the Tribunal determined the disability at 45%, which is on the higher side. Therefore, she seeks to reduce the award amount. Further she would submit that for loss of fingers as per the Employees' Compensation Act, only 7% disability could be taken whereas, the total permanent disability has been determined as 25% which is on the higher side.