NEW INDIA ASSURANCE CO. LTD. Vs. SAKTHIVEL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant-Insurance Company against the award of Rs. 7,95,000.00 (Rupees Seven Lakhs and Ninety Five Thousand only) for the injury sustained by the first respondent/claimant in the accident occurred on 04.08.2000.

(2.) The first respondent/claimant sustained various injuries including fracture of both the hip bones and because of that, the movement of the hip has been restricted by 50 degree of right side and 60 degree of left side. He sustained injuries in the abdomen resulting in injury to the urinary track, for which, the first respondent/claimant underwent a surgery. Thirdly, to an extent 6 cm X 2 cm, his bones got crushed and as a result of the injury to the urinary track, the claimant is unable to pass urine normally. P.W. 2 - Doctor, categorically stated that because of the injuries, his movement is restricted and he is unable to bend and cannot lift any articles. He is unfit for marital life and therefore, based on Exs.P.2, P.5, P.6, P.8, P.9, P.10 and P.11, determined the disability at 58% and the same has been rightly approved by the Tribunal. Further, there is no contra evidence on the side of the appellant/Insurance Company and therefore, the determination of the disability at 58% cannot be found fault with. The Tribunal awarded a sum of Rs. 2,50,000.00 (Rupees Two Lakhs and Fifty Thousand only) towards permanent partial disability.

(3.) The learned Counsel for the appellant-Insurance Company would argue that without any calculation, a sum of Rs. 2,50,000.00 (Rupees Two Lakhs and Fifty Thousand only) has been awarded for the permanent partial disability at 58%. The said argument has got force and therefore, this Court awards a sum of Rs. 2,000.00 (Rupees Two Thousand only) for 1% disability and accordingly, this Court reduces the same to a sum of Rs. 1,16,000.00 (Rupees One Lakh and Sixteen Thousand only) towards permanent partial disability.