RELIANCE GENERAL INSURANCE CO. LTD. SALEM Vs. RAMESH

JUDGEMENT

(1.) In the accident, which occurred on 03.05.2010, involving a lorry, bearing Registration No. TN 09 AJ 3207, owned by the 2nd respondent herein and insured with the appellant-Insurance Company, 1st respondent herein, sustained injuries. There was amputation of his right leg below knee and left leg upto hip. According to him, being a JCP Driver, he lost his earning capacity. He claimed compensation of Rs. 31,50,000/-. On evaluation of pleadings, evidence and considering the nature of injuries, the Tribunal, by applying multiplier method, awarded Rs. 26,71,856/- as compensation, with interest, at the rate of 7.5% per annum, from the date of claim, till deposit. Being aggrieved, Insurance Company is on appeal.

(2.) Mr. S. Arun Kumar, learned counsel appearing for the appellant - Insurance Company submitted that when there is no proof of loss of earning, the Tribunal has erred in taking 100% permanent disablement. Further, erred in applying multiplier method, in awarding compensation of Rs. 18,71,856/-. He further submitted that in the absence of admissible evidence, twin compensation of Rs. 3,00,000/- each, for medical expenses and medical bills, is unsustainable. Except the above, there is no other submission.

(3.) PW.1, respondent/claimant, in his evidence, has deposed that in the accident, he sustained injuries in both legs and took treatment in various hospitals. According to him, at the time of accident, he was a JCB driver, working under one Muruganantham and earned Rs. 13,000/- per month. He incurred a sum of Rs. 1,00,000/- for replacement of aritificial limbs. To support his claim, he has marked documents, Exs. P2 and P3 - Discharge Summaries, Ex.P8 - Prescriptions issued by Vinodhagan Hospital, Ex.P9 - Medical Report issued by Golden Hospital and Ex.P15 - X-Rays.