DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED Vs. VEERAPPAN

JUDGEMENT

(1.) THIS appeal is preferred by the Insurance Company against the award dated 07. 11. 2006 made in MACTOP No. 885 of 2001 by the Motor Accident Claims Tribunal ( II Additional Subordinate Judge in charge), Cuddalore

(2.) BACKGROUND facts in a nutshell are as under:-On 29. 05. 2001 at about 7. 20 p. m. , the claimant and his wife Rani were proceeding in a bicycle from North to South. When they were nearing Gundu Salai Housing Board in front of Chinnakattidam, a lorry bearing registration No. TN-32-1359 driven by the driver of the second respondent came from South to North direction in a rash and negligent manner and dashed against the Cyclist. Due to the accident, the claimant and his wife were thrown out of the bicycle and the claimant sustained grievous injuries and fracture in his right foot and also injuries all over the body. Immediately, the claimant was taken to the Government Hospital, Cuddalore. The claimant claimed a compensation of Rs. 10,00,000/- before the Tribunal. The appellant/insurance Company resisted the claim. On pleadings, the following issues were framed by the Tribunal:-

(3.) LEARNED counsel appearing for the Insurance Company has disputed only the quantum of compensation awarded by the Tribunal and contended that the Tribunal has erred in adopting the multiplier method for the injuries sustained by the claimant. It is also submitted that the Tribunal had awarded excessive and exorbitant compensation, without basis and justification. Hence the order passed by the Tribunal is not in accordance with law and the same should be set aside.