THE BRANCH MANAGER Vs. MINOR ASHITHA

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) The Insurance Company has filed this appeal questioning the impugned award on the ground of quantum. The claimant has also filed Cross Objection seeking enhancement. It is a case of a 10 years old girl child falling down when getting into the bus injuring her foot. However instead of awarding compensation based on the disability suffered by her, the Tribunal chose to adopt multiplier method and awarded a sum of Rs. 5,09,200/- with interest. Therefore I agreed with the contention of the learned counsel for the appellant. The compensation awarded by the Tribunal will have to be reworked as under:- <FRM>JUDGEMENT_103_LAWS(MAD)11_2017_1.html</FRM>

(3.) The compensation awarded by the Tribunal is therefore reduced from Rs. 5,09,200/- to Rs. 4,50,000/- with 7.5% interest per annum. The award made in M.C.O.P. No. 94 of 2011 dated 30.01.2014 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Kuzhithurai is accordingly modified.