ORIENTAL INSURANCE COMPANY LTD. Vs. MINOR GANAPRAKASAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by Oriental Insurance Company Limited questioning the award made in MCOP. No. 100/2013 on the file of the Motor Accidents Claims Tribunal, Additional Sub Court, Kumbakonam.

(2.) The first respondent met with an accident involving a vehicle insured with the appellant company. The claimant suffered amputation of the right leg below the knee. He has now been fixed with artificial leg. Though as per Ex.P9 disability certificate was issued at 80%, the Medical Officer admitted the disability to be 65%. The Tribunal awarded a sum of Rs. 19,63,000/- as compensation. Questioning the same, this appeal has been filed. The learned counsel for the appellants contended that for 60% disability Rs. 1,20,000/- was rightly awarded. The only ground of challenge is the award of Rs. 15,00,000/- by considering the present case as a special case by the Tribunal.

(3.) The learned counsel for the appellant placed reliance on the decision of this Court reported in 2010(1) TN MAC 195 (M. Gunasundari v. Brills Transports) . The said decision involved a case of amputation of leg of a 12 years old girl. In fact, the degree of amputation in her case was more aggravated. This Court awarded a sum of Rs. 9,79,161/-.