(1.) This Civil Miscellaneous Appeal has been preferred by the appellant-Insurance Company against the award of Rs. 4,28,760/- (Rupees Four Lakhs Twenty Eight Thousand Seven Hundred and Sixty only) for the partial permanent disability sustained by the first respondent in the accident occurred on 10.05.2014, when he was riding as a pillion rider in the motorcycle bearing Registration No.TN-72-AB-6752 driven by one Mariappan, which was hit by the motorcycle bearing Registration No.TN-72-A-0279 belonging to the first respondent therein/second respondent herein insured with the appellant-Insurance Company. Therefore, the claim petition.
(2.) On contest, the Tribunal found that because of the rash and negligent driving of the two wheeler belonging to the second respondent herein insured with the appellant-Insurance Company, the accident occurred and based on the evidence of P.W.3 - Doctor, determined the disability at 38% as per Ex.P.6 - Disability Certificate and other records.
(3.) Since the work of the first respondent/claimant has been affected because of the injury, the Tribunal applied the multiplier method and taking a sum of Rs. 4,500/- (Rupees Four Thousand and Five Hundred only) per month and applying the multiplier '13', the Tribunal awarded a sum of Rs. 4,28,760/- (Rupees Four Lakhs Twenty Eight Thousand Seven Hundred and Sixty only).